Non-Fatal offences Flashcards
Definition of assault
where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful person violence
Fagan v MPC
leading case for words can constitute to an assault
R v Constanza
leading case for silence can constitue to an assault
R v Ireland
Case for Apprehend immediate unlawful force (church meetings)
Stephen v Myers
Apprehend immediate unlawful force (pointing a fake gun )
Logdon v DPP
Case for words negating an assualt
Tuberville v Savage
Definition of a battery
the application of unlawful force to another person either by intent or recklessness
case for mere touching constituting to a battery
Collins v willock
case for touching of clothes can constitue to a battery
r v thomas
indirect acts can constitue to a battery
DPP V K
Definition of S.47 ABH
the offence is commited when a person intentionally or recklessy assaults another, thereby causing ABH
assault or battery + ABH =s.47
what is the definition of abh
any hurt or injury calcuated to interfere with the health of comfort of the victim
R v Miller
abh can be a mental condidition with a proved physciatric condition
r v Ireland
loss of consciouness can be abh
T v DPP
Hair cutting can be an Abh
DPP v Smith
what is the mens rea for assault
mens rea for a common assault is used
intent or recklesness
what forms of abh can you consent too
genuinely cant as seen in R v Brown but tattooing, lawful sport and rough horseplay can be exceptions
defintion of s.20 gbh
whoever shall unlawfull and maliciously would or inflict any griveous body harm upon any other person with or without any weapon
defintion of wounding
any break in the continuity of the skin
moriaty v brookes
serious harm is needed for gbh
R v Saunders
the severity of the injurys is judged according to the victims healths and age
serious harm for a young child would be less than a health adult
r v bollom
intentionally transmitting Sexual infections is gbh
R v Dica
multiple small injuries can add up to one big injury
r v brown + stratton
mens rea for s.20 gbh
unlawfully or maliciously( intent to cause some level of harm)
r v parmenter
definition of s.18
gbh
whoever shall unlawfully and malicioulsy by any means whatsover wound or cause griveous bodily harm to any person , with the intent to do some griveous bodily harm
what is the mens rea for a s.18 gbh
must have specific intent to commit the crime without recklessness ( r v Belfon) or resiting an arrest ( r v morrison)
issues with the non fatal offences
reforms
out of date- 1861, no understanding of mental health. inconsitent, 1998 draft bill, law comission report 2015
