Non-fatal Offences Flashcards
What is assault? name the key case
Causing the V fear (Collins v Wilcock) Lord Goff defined as ‘an act that causes the V to apprehend immediate, unlawful force’
What is the first section of assault? name the key case and side rule
An act - words, gestures, silence (Ireland)
Side rule - sending letters/emails/text messages can be an act (Constanza)
What is the second section of an assault? name the key case
The act must cause apprehension, V must believe threat is real (Lamb)
What is the side rule for apprehension in assault?
even if the threat was in jest (a joke) it is still assault if the V is genuinely scared (Logden)
What is section three of assault? name the key case
the threat of force must be immediate (Smith v Chief of Woking Police)
What is the side rule for ‘immediate force’ for assault?
Words may cancel an assault, if it is made clear by the D that there is no real threat (Turberville v Savage)
What is the mens rea for assault?
intention (Mohan) or recklessness (Cunningham) that cause the V to apprehend immediate unlawful force - confirmed in Venna
What is a battery?
defined by Lord Goff as ‘D unlawfully touches the V’ (Collins v Wilcock)
What is the actus reus for battery?
Lord Goff (Collins v Wilcock) - ‘Any touching, however slight, may amount to a battery’
(Wilson v Pringle) - touching must be ‘hostile or aggressive’
What are the side rules for a battery?
Clothing - whilst wearing is the same as touching directly (Thomas)
Indirect touching - battery can be committed indirectly (Martin)
What is ABH? name the key act
defined as ‘assault occasioning actual bodily harm’ under S.47 Offences Against Person Act 1861
What are the three parts of ABH?
1) ‘Common assault’ (assault or battery)
2) ‘occasions’ causation issues
3) ‘actual bodily harm injuries’
What do the two cases say about ABH injuries?
Miller - ‘any hurt or injury calculated to interfere with the health or comfort of the V, but it has to be more than trifling’
Chan fook - ‘the injury should not be so trivial as to be wholly insignificant’
What are the examples of ABH injuries? (8)
-Multiple bruising
-Loss of a tooth
-Temporary loss of sensory function
-Small broken bones
-Minor cuts requiring treatment
-Psychiatric injury
-Cutting of V’s hair
-Loss of consciousness (T v DPP)
What are the two types of GBH? name the key act
S.20 - Malicious wounding
S.18 - GBH with intent
Both from Offences Against Person Act 1861
What is the definition of S.20 GBH?
To inflict wounds of GBH with intention or recklessness to inflict some harm - max 5 years, basic intent offence
What is the definition of S.18 GBH?
Intention to cause the V GBH injuries or intent to resist arrest (Morrison) - max sentence is life, specific intent offence
What is the actus reus for GBH?
D causes either a wound or GBH injuries
Wounding - both layers of skin must be broken (JCC v Eisenhower)
GBH injuries - “nothing more or less than really serious harm, but it does not need to be life threatening” (DPP v Smith)
What are the examples of GBH injuries? (7)
-Serious cuts/wounds
-Broken bones
-Injuries requiring lengthy treatment
-Substantial blood loss
-Permanent loss of sensory function
-Serious psychological injuries (Ireland/Burstow)
-Biological harm (Dica)
What are the two side rules of GBH?
Vulnerable victims - age and health taken into account which can increase severity (Bollom)
Accumulation of injuries - can amount to GBH together (Brown&Stratton)
What is the mens rea for S.20 GBH?
Intention (Mohan) or recklessness (Cunningham) to cause some injury (Mowatt)
What is the mens rea for S.18 of GBH?
Intention to cause GBH or resist arrest and GBH injuries are caused (Morrison)
What is the mens rea for a battery?
intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V - confirmed in Venna
