Non-fatal offences Flashcards
Constanza
Assault as feared some violence in future from letters
Ireland
Silent phone calls can be assault
Smith v Woking
V feared immediate force as she didn’t know whether man would break in
Lamb
No assault as boys didn’t think gun was loaded
Tuberville v Savage
No assault from sword as D’s words negated threat
Collins v Wilcock
Battery when officer grabbed prostitute’s arm without lawful authority
Thomas
Grabbing V’s skirt was still force on her person
Fagan v MPC
Parking on officer’s foot was continuing act
DPP v K
Indirect battery from putting acid in handdryer
Haystead v CC Derbyshire
Indirect battery as punch caused baby to fall
DPP v Santa-Bermudez
Battery through omission when failed to tell about needle
Miller
Definition of ABH - interferes with health & comfort
T v DPP
Loss of consciousness can be ABH after group attack
DPP v Smith (Michael)
Cutting off ponytail was ABH
Chan Fook
Psychiatric harm was ABH after attacking lodger
Roberts
V jumping out of car was ABH as he meant to apply force to her
Savage
Throwing a beer over V was ABH after dropping glass, intended some force
JCC v Eisenhower
Shotgun pellet in eye not a wound, no break in skin (still GBH)
Bollom
Severe bruising on a baby was GBH, prob wouldn’t be on adults
Burstow
Serious depression was GBH after months of harassment
Dica
Infecting someone with HIV would be serious biological harm = GBH
Light
Words did not neutralise threat of raising shovel
Wood v DPP
Not being arrested so no right to use assault trying to get away
DPP v Smith (2006)
Serious harm likely when policeman fell off bonnet
Golding
Herpes is serious biological harm as it is incurable = GBH
Parmenter
Only ABH as D did not foresee or intend any harm at all
Taylor
If D wounds, must intend it to be a serious wound for s18
Morrison
S18 as he caused serious harm dragging police through window while escaping arrest
