Non Fatal Offences Flashcards
R V Nelson (2013)- Assault
Defines assault as something of a physical kind that causes somebody to think that they are about to be struck
Assault - R V Constanza
D was sending threatening letters. Threatening letters can be seen as assault
Assault - R V Ireland
Silent phone calls could also be regarded as assault
Assault - R V Lamb
Pointing an unloaded gun at someone who believes the gun is loaded making them feel threatened is assault
Assault - Smith V Chief superintendent of Woking police station
Fear of ‘immidiate’ force does not mean right now. It defines immediate as soon or near future
MR and AR of assault
MR is either intention to cause fear of unlawful force or recklessness causing fear. Defendant must realise risk of acts for recklessness
AR is the action of the offence
Battery- Collins V Wilcock
Battery is the application of unlawful force to another either through intention or recklessness.
‘Force’ can include the slightest of touching
Battery- R V Thomas
Court says that touching of a woman’s skirt is equivalent to touching her
Battery- Fagan V metropolitan police commissioner
Officer asked the defendant to move his care and accidentally moved and parked it onto his foot. No intention to hurt V but still offence of battery once D realised what he done and refused to move
Battery- DPP V K
Appeal to the queens bench- decided that ‘common assault’ could be committed by indirect act even if mens rea of intention is not there
Battery- Hatstead V Chief constable of Derbyshire
Punching a woman lead to a small child to fall, D was found guilty through recklessness- ‘transferred malice’
MR and AR of battery
MR- intention to apply unlawful physical force or recklessness to whether force is applied.
AR- application of unlawful force to another person
Omission case - DPP V Santa-Bermudez
Police asked D if they had needles in their pockets and replied saying no. Police put hand into the pocket and got injured by the needles. This is ABH as D refused to tell the truth and got injured
ABH- Miller (1954)
‘Any hurt of injury calculated to interfere with health or comfort the victim’
ABH- T V DPP
D and a group chased V. V fell to the floor and was kicked until loss of consciousness and remembered nothing until woken up by an officer. Loss of consciousness is ABH
ABH - DPP V Smith (2006)
D had an argument with girlfriend and cur her ponytail and some hair on top of her head. Held that cutting a substantial amount of hair can amount to ABH
ABH - R V Chan Fook and R V Burstow
Decided that psychiatric injury is ABH but pointed out that it does not include emotions like fear distress or panic and was approved by the house of lord in R V Burstow where it said ‘bodily harm’ must be a recognisable psychiatric illness.
ABH - R V Roberts
D driving a car and made advances onto V who feared it would get more serious so she jumped out the travelling car (30mph) and was guilty even though did not intend the injury but intended to apply unlawful force
MR and AR of ABH
MR- intention of causing the victim to fear unlawful force, subjecting them to unlawful force or subjectively recklessness
AR- assault or battery that causes ABH
GBH s 20 - JJC V Eisenhower
Victim hit in the eye with a shotgun pellet but did not penetrate the eye. Instead caused severe bleeding under surface. Internal bleeding is not sufficient enough for a ‘wound’
GBH s20 - R V Wood
Victims collar bone broken but skin was intact so held three was no wound. Broken bone is not considered a wound unless skin is broken as well
GBH s 20 - R V Burtow
Victim of stalker suffered severe depressive illness as result and decided serious psychiatric injury case be GBH
GBH s 20 - R V Dica
D had unprotected sex with two women without telling them he was HIV positive and was convicted for causing GBH through infection
GBH s 20 - R V Lewis
D shouted threats at his wide and tried to break down the door. She was so frightened that she jumped through the window of a second floor flat and broke both legs. He did not ‘inflict’ the injuries but it is interpreted widely.
GBH s 18 - R V Taylor
Intention to the wound is not enough
GBH s 18- R V Morrison
Police arresting D, but he dived out a window, dragging her and caused her face to be badly cut by the glass. Tried to crest arrest and was reckless with his actions.
GBH s 18- Nedrick , Woollin
Unless D realised that it was virtual certainty that harm could be caused as a result of his actions
GBH s 18 - Moloney
Foresight of consequences is not intention, only can be used as evidence for intent
MR and AR of s 18
MR- defendant must be proved to intend to do GBH or resist or prevent lawful apprehension or detainer of any person
AR- wounding or causing GBH. ‘Cause’ is very wide
