non-fatal offences Flashcards
actus reus of assault
causing victim to apprehend immediate unlawful force
mens rea of assault
intention or recklessness as to causing the victim to apprehend immediate unlawful force
what are the three key elements within the actus reus of assault
- an act
- apprehend
- immediate
case for words amounting to assault
R v Constanza
case for silence amounting to assault
R v Ireland
cases for gestures amounting to assault
- Stephen v Myers
- Logdon v DPP
case for words may negate an assault
Turberville v Savage
what is apprehend in assault
the victim must have a genuine belief that something violent is about to happen
key case for apprehend in assault
Logdon v DPP
key case for assault not occurring and victim not apprehending immediate unlawful force
R v Lamb
what is immediate in assault
fear of immediate force is necessary
key case for immediate in assault
Smith v CSWPS
what is direct intention + case
defendants main aim or purpose was to cause the victim…
Case is Mohan
what is recklessness + case
defendant knew there was a risk of… because of his actions but continued to take the risk
Case is Cunningham
actus reas of battery
applying unlawful force
case for touching victims clothing
R v Thomas
case for lack of consent
Collins v Wilcock
cases for indirect act
- DPP v K
- Haystead v DPP
case for continuing act
Fagan v MPC
case for an omission causing battery
DPP v Santana-Bermudez
mens rea of battery
intention or recklessness as to applying unlawful force
actus reus of s.47
assault occasioning actual bodily harm
what are the three key elements in s.47
- assault
- occasioning
- actual bodily harm
what does assault mean in s.47
‘assault’ means an assault or battery
what does occasioning mean in s.47
means ‘causing’
Factual and legal causation needs to be proven
how did R v Miller define ABH
‘any hurt or injury calculated to interfere with the health and comfort of the victim’
what did R v Chan Fook establish in ABH
injury can’t be trivial or insignificant AND psychiatric harm could also amount to ABH providing that it’s more than ‘mere emotions’
what are some examples of ABH
- extensive bruising
- broken nose
- sprained ankle
what is the mens rea of s.47
intention or recklessness as to the initial assault or battery
what was established in R v Savage about ABH
defendant doesn’t need to intend or be reckless about causing ABH
actus reus of S.20 OAPA 1861
unlawful and malicious wounding or inflicting GBH
actus reus of S.18 OAPA 1861
unlawful and malicious wounding or causing GBH
what was confirmed in R v Barstow about s.18 and s.20
inflicting means causing, making the actus reas of both offences identical
what is the definition of wound + case
requires both layers of skin to have been broken
JJC v Eisenhower
what is the definition of GBH + case
really serious harm
DPP v Smith
what was established in R v Burstow about GBH
GBH includes serious psychiatric harm
what was established in R v Brown and Stratton about GBH
combination of injuries can amount to GBH
what was established in R v Bollom about GBH
particular characteristics of victim can be taken into account when deciding if GBH has been inflicted
what is the mens rea of s.20
intention or recklessness to inflict some harm
what is the mens rea of s.18
intention to cause GBH or resist/prevent arrest
what is indirect intention + case
the reasonable person could foresee GBH was virtually certain to occur from such actions and the defendant realised this
Woolin
what was established in R v Taylor
an intention to wound is not enough for the mens rea of s.18
