Non-Fatal offences Flashcards
Where is Assault defined under?
Common law offence charged under s.39 Criminal Justice Act 1988.
What must the act cause?
The act must cause the victim to apprehend immediate unlawful force.
Can assault be caused by words?
Yes, (Constanza) or letters and silent phone calls (R v Ireland).
What happens if the victim does not apprehend violence?
There will be no assault (R v Lamb).
What happened in the case of Lamb?
There was no assault as the victim did not believe that the gun would go off, therefore, he did not apprehend immediate unlawful personal violence.
Does the V need to prove the D would actually be violent?
No, as long as the V genuinely apprehends violence.
What does imminent mean?
The assault cannot be a future threat - can include immediate future - V does not know what the D will do next.
What happened in the case of Smith v Woking Police?
D was peering through the V window - V was unaware what the D was going to do next.
Can words negate assault?
Yes, as in Tuberville v Savage, the words negated and fear of violence.
What is the MR of assault?
The D can have intention or be reckless.
What does direct intention mean?
It is the D aim, desire and purpose or the D must realise the risk and still go ahead with it (Cunningham).
Where is Battery defined?
Common law offence, charged under s.39 of the Criminal Justice Act 1988.
What is Battery?
It is the application of unlawful force.
Is there a need to prove harm?
No, the slightest touch that the V does not consent to can amount to Battery.
What happened in the case of Collins v Willcock?
The police taking hold of the Women’s arm amounted to battery as it was more than the slightest touch.
What must the force be?
It must be more than everyday touching.
What happened in the case of Thomas?
A touching of a girls skirt amounted to battery.
Can battery be an omission?
Yes, where there is a duty to act.
What happened in the case of Santana-Bermudez?
The D created a dangerous situation when not disclosing to the police that they had a needle on them.
Force can be direct or indirect - give case example.
Direct - Haystead: D punched a woman holding a child causing her to drop the child causing injury.
Indirect - Dpp v K: Acid left on hand dryer.
What is the MR for Battery?
Intention or recklessness to use unlawful force.
What is direct intention?
Must be aim, desire or purpose and realise the risk and still go ahead with it (Mohan)
Where is Actual Bodily Harm defined under?
ABH is assault or battery occasioning ABH under s.47 OAPA 1861.
Does the injury need to be permanent?
No, but it must be regarded as trivial (more than ‘transient or trifling’)
What happened in the case of Chanfook?
feelings of fear and panic are emotions and injuries must include psychiatric harm with medical evidence.
What must the injury interfere with?
The health and comfort of the V
What happened in the case of Miller?
D raped his ex wife before a divorce hearing - interfered with her health and comfort.
What is the MR of ABH?
The MR is the same as assault and battery.
Where is Grievous Bodily Harm defined?
Contained within s.20 and s.18 of the Offences Against The Person act 1861.
What is the definition of GBH?
Attracts a 5 year sentence, unlawfully and maliciously wounding or inflicting any GBH upon any other person.
What does grievous mean?
ordinary meaning of ‘serious harm’ - does not need to be permanent.
What happened in the case of DPP V Smith?
GBH was foreseen as a result of the D acts.
What is harm assessed on?
Harm is assessed depending on the characteristics of the V including age and health.
What happened in the case of Bollom?
The victim was only 17 months old.
What can the harm be?
It can be physical or mental.
What can the harm also be?
Harm can be biological where the D has intentionally passed on sexually transmitted diseases (Dica).
What is a wound?
It is a break in the dermis and the epidermis of the skin - not an internal bleed.
What happened in the case of Eisenhower?
D hit someone just below the eye causing bruising and a blood vessel to burst but is not considered a wound.
What is the MR for s.20?
‘maliciously’ is defined by the courts as intention or recklessness to cause GBH. Do not have to prove D could foresee physical harm just ‘some harm’. R v Savage.
