non fatal offences Flashcards
what act are non fatal offences found in?
Offences Against the Person Act (1861)
what are the non-fatal offences?
- assault
- battery
- abh
- gbh s.20
- gbh s.18
assault
- covered by common law and this is where we find the definition – (Collins v Wilcock)
- charged under s.39 Criminal Justice Act 1988
- summary offence with a maximum sentence of 6 months imprisonment
actus reus of assault
causing victim to apprehend the infliction of immediate unlawful force
mens rea of assault
intentionally or recklessly causing V to apprehend the infliction of immediate unlawful force
assault actus reus + mens rea
assault is intentionally or recklessly (mens rea) causing the victim to apprehend the infliction of immediate unlawful force (actus reus)
assault cases
- logdon
- arobieke
- tuberville v savage
- meade
- ireland
- constanza
- smith v chief superintendent of working police
logdon
(fake gun) does not matter if the threat is empty, if the victim thinks it is going to happen, that is all that matters
arobieke
across train - had to actually be able to happen
tuberville v savage
words can negate an assault so if I say “I would hit you, but I am not going to” then there is no assault as the victim doesn’t apprehend force
meade
assault can be through words or singing
ireland
silent telephone calls can be an assault
constanza
threatening letters can be an assault
smith v chief superintendent of woking police station
changed the word “immediate” to “imminent” instead
what case defined ‘intentionally’?
Mohan definition – “decision to bring about a prohibited consequence”.
what case defined ‘recklessly’?
Cunningham definition - defendant knew there was a risk but decided to take it anyway
battery
- covered by common law and this is where we find the definition – (Collins v Wilcock)
- charged under s.39 Criminal Justice Act 1988
- summary offence with a maximum sentence of 6 months imprisonment
actus reus of battery
application of unlawful force
mens rea of battery
intentionally or recklessly applying unlawful force
collins v wilcock
slightest touch is enough, does not have to be violent (must be physical force)
thomas (battery)
touching clothes is enough
santana bermudez
can be done through an omission, if D had a duty to act (RARE)
fagan
battery is a continuing act
martin (battery)
indirect application of force is enough – does not have to
be direct
DPP v K
reaffirmed Martin
battery without an assault
- this is possible – if victim unaware that unlawful force is about to be used on him e.g. sneaks up on him
- AND DPP v Majewski (1976) - getting drunk is a reckless course of conduct and is sufficient for the mens rea of assault
common assault
- assault + battery
- more common than individually
abh s.47
- defined in Section 47 of the Offences Against the Person Act (1861)
- TEW offence with a maximum sentence of 5 years imprisonment
where is abh defined?
miller
what is abh defined as in miller?
“any harm calculated to interfere with the health or comfort of the victim”
actus reus of abh
doing an assault or battery which occasions (causes) ABH
mens rea of abh
intentionally or recklessly committing an assault or battery
ireland (abh)
recognised psychiatric illness can count as ABH
DPP v smith
cutting off a ponytail was sufficient to be ABH
T v DPP
temporary loss of consciousness is sufficient to be ABH
roberts (abh)
D guilty as committed battery and assault, so liable for the ABH
gbh s.20
- defined in Section 20 of the Offences Against the Person Act (1861)
- It is a TEW offence with a maximum sentence of 5 years imprisonment
actus reus of gbh s.20
wounding OR inflicting GBH
wound defined in eisenhower, gbh in saunders
where is ‘wound’ defined?
Eisenhower - “a break in the continuity of the skin” (Wood)
what case is gbh defined in?
Saunders as: “serious harm”
mens rea of gbh s.20
recklessness or intention to do some harm
mohan + cunningham definitions
burstow
harm can be psychiatric - stalking
s.20 gbh
dica
harm can be reckless transfer of HIV
s.20 gbh
lewis
harm can be indirect – jumped out window breaking both legs
s.20 gbh
bollom
vulnerability of victim can elevate harm - baby – bruises and cuts
s.20 gbh
gbh s.18
- defined in Section 18 of the Offences Against the Person Act (1861)
- indictable offence with a maximum sentence of discretionary life imprisonment
actus reus gbh s.18
wounding or causing GBH
wound defined in eisenhower, gbh in saunders
mens rea of gbh s.18
intention to cause serious harm
recklessness is insufficient, oblique intent can apply if relevant
R v rowe
first case to convict for intentionally infecting V with HIV
s.18 gbh
morrison (1989)
gbh s.18
D dragged police officer who was trying to arrest him through a window to try and escape. V was badly cut by the glass.
Court held that although he did not intend serious harm he was reckless (this would normally constitute a S.20 conviction however, when s.20 is combined with an attempt to resist or prevent arrest then it is upgraded to S.18)
s.18 gbh
