Non Fatal Offences Flashcards
What type of offence is assault?
Common Law and Summary
What type of offence is battery?
Common Law
What type of offence is assault (ABH)?
Statute
What type of offence is Maliciously inflicting GBH?
Statute
What type of offence is malcious wounding?
Statute
What type of offence is Maliciously causing GBH with intent to resist arrest?
Statute
What type of offence is Malicious wounding with intent to resist arrest?
Statute
R v Logdon
D showed V a replica gun, he told her he would hold her prisoner until she paid. V had reasonable fear and despite the threat not being carried out, D was convicted of assault.
R v Constanza
D wanted a relationship with V. D sent her V 800 letters and followed her, V developed major depression and anxiety.
R v Ireland and Burstow
D’s repeatedly called women and remained silent or simulated heavy breathing, the women developed psychological damage.
R v Savage
D threw beer over V, glass smashed and cut V’s wrist. They had a previous negative relationship and D was charged with malicious and unlawful wounding.
Haystead v DPP
D punched a woman holding her baby, although direct force was not to the baby D was convicted of battery.
DPP v K
D, a 15 Year Old boy who took acid from his class, he poured it into a hand dryer and it was indirect battery.
R v Thomas
D convicted of assault on female students, this was for touching clothes and touching - Battery
Wood v DPP
D challenged the Police Officer for obstructing a Police Officer and threatening behaviour, he struggled to escape from a police officer.
R v Santana - Bermudez
Police Woman asked D if he had sharp objects in pocket, D said no and police woman stabbed y needle. D convicted of battery (ABH).
Fagan v MPC
D was in his car, a police officer asked him to over, he rolled on the officer’s foot. D refused to move and was charged with assaulting a police officer.
T v DPP
V was approached by a group of boys who attacked him. D caused V to lose consciousness and a police officer intervened. D was convicted of ABH.
DPP v Smith
Smith asked to stop by the constable, didn’t, the constable jumped and fell off and died. D convicted of manslaughter.
R v Saunders
D attempted to poison his wife through an apple, daughter ate it, convicted of daughter’s murder.
R v Bollom
D inflicted harm on partner’s baby, including bruises and cuts. Guilty of abh opposed to gbh as it was over a prolonged period of time.
R v Taylor
D convicted of unlawful wounding, he attacked a complaintant with a fork and knife.
What is the definition of Assault?
An act in which a person intentionally or recklessly causes another to apprehend immediate unlawful violence.
How can Assault be committed?
Words alone (Constanza), Silent calls (Ireland and Burstow) or Deeds (Logdon, Light)
What is the definition of battery?
By act, omission, or indirectly, D intentionally or recklessly applies unlawful force to another.
How can Assault be committed?
Through Act or Omission
What is the meaning of ‘apprehend’?
V being aware that they may be subjected to immediate unlawful violence. R v Lamb
What is the meaning of immediate?
Any time in the future including the immediate future. Smith v CS Woking Police Station
Case for assault - words alone?
R v Constanza
Case for assault- deeds / gestures?
R v Logdon
Case for assault - silence?
R v Ireland and Burstow
MR for Assault
Intention or recklessness as to causing the victim to apprehend immediate and unlawful violence.
AR of Assault
An act as to causing the victim to apprehend immediate and unlawful violence.
AR of Battery
The application of unlawful force on another.
MR of Battery
Intention or recklessness as to applying unlawful force.
AR of Assault occasioning ABH
The defendant must commit an assault or battery which causes the victim to suffer actual bodily harm.
MR for Assault occasioning ABH
Same for assault or battery.
R v Venna
D struggled with police officers broke the officers finger - Battery MR
Collins v Willcock
D refused to talk to a policewoman and she grabbed him, this was battery.
