Non Fatal Offences Flashcards
Assault is defined in…
common law
AR of assault
causing V to apprehend immediate unlawful force
Gestures/actions can be an assault
Read v Coker
Spoken words or silence can be an assault
R v Ireland
Written words can be an assault
R v Constanza
Negating an assault
Tuberville v Savage
V felt fear and apprehended force
DPP v Logdon
Immediate means in near future
Smith v CCoW
MR of assault
Recklessly or intentionally causing V to apprehend immediate unlawful force
Direct intention - aims to bring about prohibited consequence
R v Mohan
Recklessness - realises risk but carries on regardless
R v Cunningham
Transferred malice
R v Latimer
Transferred malice doesn’t apply if crime changes
R v Pembleton
Coincidence
AR and MR must happen at same time
AR before MR
Continuing acts - Fagan v MPC
MR before AR
single transaction theory - R v Thabo Meli
Battery is defined in…
common law
AR of battery
to apply unlawful force onto another person
-only slightest touch is required
-clothes are an extension of a person
R v Thomas
unlawful force = hostile
Wilson v Pringle - means unwanted and beyond ordinary jostlings of everyday life
Force can be applied via a continuing act
Fagan v MPC
Force can be applied indirectly (eg by an object)
DPP v K
Force can be applied by an omission but only where D has duty to act and fails to do so
DPP v Santana-Bermudez
MR of battery
Intention or recklessness to apply unlawful force onto another person
AR of ABH
Assault or battery which causes ABH to another person
3 elements to ABH
- AR of assault or battery
- V suffers an injury which counts as ABH
- Assault/battery caused that injury
ABH means harm cannot be so trivial as to be wholly insignificant
R v Chan Fook
Psychiatric harm counts as ABH but emotions do not
R v Chan Fook
Cutting off a persons hair can be ABH
DPP v Smith
Even a short loss of consciousness can be ABH
T v DPP
What other injury’s can be ABH
bruising
minor breaks
minor fractures/sprains
chipped teeth
Factual causation
But for test
R v Pagett
Legal causation
Operative and substantial test
R v Smith
When do intervening acts break chain of causation
When they are unreasonable and unforeseeable
Thin skull rule never breaks chain of causation
R v Blaue
MR of ABH
Same as MR of assault or battery
ABH - D doesn’t need to realise a risk or intend harm
R v Savage
Wounding found?
S20 and S18 OAPA 61
AR of wounding
to unlawfully wound a person
A wound is a cut or break in at least 2 layers of skin
JCC v Eisenhower
MR of S20 wounding (malicious wounding)
Direct intent or recklessness to cause SOME harm
R v Mowatt
Oblique intention
R v Woolin
MR of S18 wounding (wounding with intent)
Direct or oblique intention to cause REALLY SERIOUS harm
R v Belfon
Factors indicating intent
Prior threats
Weapon
Repeated/sustained attack
Attack to critical area
GBH found?
S20 or S18 OAPA 61
AR of GBH
to unlawfully inflict/cause GBH on a person
GBH means really serious harm and injury’s do not have to be life threatening
DPP v Smith
GBH can be serious psychiatric harm
R v Burstow
GBH can be serious biological harm
R v Dica
GBH can be an accumulation of minor injuries
R v Brown and Stratton
Age and health are factors that can be considered when deciding if injuries are serious enough to be GBH
R v Bollom
GBH can be committed indirectly
R v Martin
MR of GBH
Same as wounding (S20 some and S18 really serious)
