non-fatal offences Flashcards
assault
To intentionally or recklessly cause the victim to fear immediate unlawful personal violence
actus reus of assault
Apprehend Immediate Unlawful Personal ‘Violence’
apprehend
understanding or perceiving that something is going to happen - logdon
If it is obvious that D cannot use force, there is no assault - lamb
Words may to negate the apprehension Tuberville v Savage.
immediate
The force must be immediate, but this does not mean instantaneous, but ‘imminent’
Smith v CCWPS
R v Constanza
unlawful
not legally justified
personal violence
does not require actual contact
D does not have to fear force for assault to occur
assault MR
crime of basic intent:
Intention: direct or indirect as per Mohan
Recklessness - subjective recklessness - knowingly do something regardless of consequence - cunningham
battery
To intentionally or recklessly apply unlawful force to another
battery AR
application - this must be some sort of touching - this must be direct or indirect application - DPP v K
unlawful - Not legally justified - Collins v Wilcock. - Everyday hustle and bustle of life
physical force - there must be some contact R v Thomas.
battery MR
crime of basic intent:
Intention: direct or indirect as per Mohan
Recklessness - subjective recklessness - knowingly do something regardless of consequence - cunningham
ABH - S.47 AR
s47 Offences Against the Person Act 1861
the AR of an assault or battery
Occasioning - the common assault must cause the abh
Actual bodily harm - the harm must interfere with the health and comfort of the victim - Chan Fook.
Must be more than trivial, transient.
Could be psychiatric, cutting hair, nails - R v Smith.
ABH MR
only require the MR for the assault or battery
Intention: direct or indirect as per Mohan
Recklessness - subjective recklessness - knowingly do something regardless of consequence
S.20
s20 Offences Against the Person Act 1861
Unlawfully and maliciously wounding or inflicting any gbh
S.20 AR
Unlawfully - no justifiable reason/ defence
Wound - break in the continuity of the skin causing external bleeding - C v Eisenhower
Gbh - has to be serious harm, no need to be life threatening DPP v Smith.
gbh can be psychiatric - burstow
S.20 MR
Maliciously’ means intentionally or recklessly causing SOME HARM.
D does NOT need to intend the specific injuries/level of harm
- parmenter
S18
Unlawful and malicious wounding or causing grievous bodily harm to any person, with intent to do some grievous bodily harm to any person.
S.18 AR
Wound – JCC v Eisenhower – break in the continuity of the skin
GBH – really serious harm, smith
Causation – factual and legal Pagett
S.18 MR
crime of specific intent
Only intention will suffice - direct intent, Mohan or indirect/oblique intent - Woollin.
An intention to wound is not enough – Taylor
Where D is trying to resist or prevent arrest or detention then the level of intention regarding the injury is lower, morrison
