Non-Fatal Offences Flashcards
Punishment for assault in what statute?
In s.38 Criminal Justice Act 1988.
What kind of offences are Assault and Battery?
Summary offences and carry max 6 months
Assault definition
When D does an act (not omission) which causes another to apprehend immedieate unlawful violence or force.
“Apprehend” meaning (what me and Annabeth feel for spiders)
According to lagdon v dpp, it’s to Fear
R v Lamb (the opposite of how a lamb feels for a wolf)
Did not fear, so no assault
Smith v SWP
Immediacy must be of the fear regardless of whether violence can be infected Immediately
R v Wilson (what Paedyn did to Kai with a knife to the throat)
Word can be an assault if it’s unlawfully done (not in self defence)
Tebeville v Savage
Words can negate an assault
MR of Assault (Intention)
Intention and desire to cause V to apprehend immediate unlawful violence or force
MR of Assault (Recklessness)
Recklessness where D sees the risk that V will apprehend violence but still takes the risk
Battery definition
Battery is the application of unlawful personal violence or force.
Collins v Wilcock,
states unlawful touching is a battery
However contact of “ordinary life” is considered to have implied consent
DPP v K and R v Haystead.
Battery can be committed directly or indirectly as shown here
Fagan v MPC
Battery can be committed through a continuing act
DPP v Santa-Bermudez.
Battery can be committed by an omission where there is a duty to act
MR of Battery
intention and desire to apply unlawful force or realises the risk force will be applid but takes the unjustifiable risk.
ABH facts
ABH is the lowest level of injury in the Offences Against the Persons Act 1861 and elements are within s.47
What type of offence is s.47 ABH ?
This is an either way offence and carries 5 years prison.
ABH AR
D occasions an assault or battery which causes ABH
Occationing meaning
Occasioning means to cause and D must be the factual and legal cause of death, this is the but for test, R v Pagett and De minimis rule, R v kimsey
R v Miller
defines ABH as ‘any hurt or injury calculated to interfere with the health and comfort of the victim
T v DPP
Bodily is not limited to skin and flesh but also includes damage to brain and nervous system and unconsciousness in ABH.
Smith v DPP
Cutting of hair is also ABH, there’s no need for physical pain for it to be sufficient
R v Chan Fook
However, hurt cannot be so trivial to be wholly insignificant, mere emotions such as fear, and panic are not ABH