Non Fatal Offences Flashcards
AR of assault
Causing the victim to apprehend immediate unlawful force
Read V Coker
Actions can be assault
R v Ireland
Assault can be words
R v constanza
Assault can be written words
Tuberville v savage
Words can cancel out each other
Dpp v logdon
It is possible for v to apprehend force even if the force is not possible
Smith v ccow
Force must be immediate
Direct intention
R v mohan, D aims to bring about the prohibited consequence
Recklessness
R v Cunningham, D realises a risk and acts regardless
MR of battery
Applying unlawful force to another
Wilson v Pringle
Force must be hostile
R v Thomas
Unlawful force can be the lightest touch
Dpp v santana burmudez
Force can be applied via an omission
Fagan v mpc
Force can be via a continuous act
Dpp v k
Force can be applied indirectly via an object
Mr of battery
Direct intention or reckleness
Where’s ABH defined
S47 of the offences against the persons act 1861
R v chan fook
Any injury not so trivial as to be insignificant, mental injury harm can be ABH
Dpp v smith
Cutting of a persons hair can be ABH
T v Dpp
Short loss of consciousness can be ABH
R v savage
Men’s rea for assault or battery is enough for ABH
MR of ABH
Direct intention or recklessness
Where is wounding defined
S20 or s18 of the offences against the persons act 1861
AR of wounding
To unlawfully wound a person