Non-fatal Offences 1B Flashcards
Where is assault defined?
In common law
What is common law?
Judge made law through cases
What is the actus reus of assault?
Causing a victim to apprehend immediate unlawful force.
What are 3 things needed to prove and assault?
- D has done something threatening
- V apprehends force as a result
- The force v apprehends is immediate
Which case relates to ‘Gestures’ in assault?
Read v Coker
D and gang surround v
Roll up their sleeves
V felt they were going to attack him
Which principle comes from Read v Coker?
Gestures can be an assault.
Which two cases relate to ‘Words’ in an assault?
R v Ireland
D made a large number of phone calls to three women
When answered he wouldn’t say anything but breathe heavily.
R v Constanza
D mounted a campaign of hate against ex-colleague over 20 months
Sent over 800 threatening letters
What 2 legal principles come from R v Ireland?
- An assault can be carried out by spoken words
- An assault can be carried out by silence.
What legal principle comes from R v Constanza?
An assault can be carried out by written words.
What happens when D indicates there will be no violence?
It will negate the assault
Give a case example where an assault was negated.
Tuberville v Savage
D put hand on sword
Said if not Assizes time (judges in town) I would run you through the middle
It was assizes time so no immediate threat of force.
Which case relates to V apprehending force?
DPP v Logdon
D pointed an imitation gun at v
V terrified
Which two principles come from DPP v Logdon?
- V must apprehend force for it to be an assault
- It is possible for v to apprehend force even if the use of force is not possible (as long as v believes it is possible)
Which case relates to the force being immediate in assault?
Smith v Chief Constable of Woking
D peered through window of v a young woman at night
Woman saw him and screamed
he did not move and kept staring
What principle was decided through smith v ccow?
The force apprehended must be immediate meaning in the near future.
What is the mens rea of assault?
Direct intention or recklessness as to causing the victim to apprehend immediate unlawful force.
Where is Battery defined?
In common law
What is the actus reus of Battery?
Applying unlawful force to another
Which case relates to touch in Battery?
R v Thomas
School caretaker convicted of indecent assault after taking hold of the hem of a 12 year old girls skirt.
What principles were decided through R v Thomas?
- Unlawful force can be even the lightest touch.
- Touching a person’s clothing is the same as touching their person.
Which case relates to ‘unlawful’ force in Battery?
Wilson v pringle
D a schoolboy in fun grabbed a bag from v’s shoulder causing v to lose his balance and fall over.
What principle was decided through wilson v pringle?
For a battery the contact must be proved to be hostile - unwanted or aggressive
What does Horseplay mean?
Messing around
What principle was decided through Fagan v MPC? (Battery)
Force can be applied through a continuing act.
Explain DPP v K
15 year old put sulphuric acid in a hand dryer. Another kid used hand dryer and got acid on his face.
What principle was decided through DPP v K?
Force can be applied indirectly via an object.
What principle was decided through DPP v Santana- Bermudez?
Force can be applied by an omission but only when D has a duty to act and does not.
What is the mens rea of battery?
Either intention or recklessness to apply unlawful force to another person.
Where is Assault occasioning actual bodily harm ABH defined?
In section 47 of the offences against the person act 1861
What is the actus reus of assault occasioning actual bodily harm ABH?
Either assault or battery which causes ABH to another person.
What case do we use for deciding what is/isn’t ABH?
R v Chan Fook
D subjected V to questioning about the theft of a ring. D then dragged V upstairs to a room and locked him in. V feared D’s return and injured himself when he fell through a window trying to escape.
What is the first legal principle that came from R v Chan Fook?
ABH means: “an injury not so trivial as to be insignificant”
What is the second legal principle that came from R v Chan Fook?
Psychiatric harm can be ABH
What did Chan Fook say could not count as ABH?
Mere emotions
Give some examples of psychiatric injury.
Depression, anxiety disorder, sleep disorder, panic attacks, OCD
Which case explains other injuries that can count as ABH?
DPP v Smith
D cut off v’s pony tail with a pair of scissors. He was charged with assault occasioning ABH and was found guilty. Bodily harm is not limited to bodily injury and extends to hurt and damage so long as it is not so trivial as to be insignificant.
What legal principle came from DPP v Smith?
Cutting off a person’s hair can amount to ABH
Explain T v DPP and name the legal principle that cane from it.
V was chased by D. V fell to the ground and was kicked in the head by D. V briefly blacked out.
Legal principle: even a momentary loss of consciousness can be ABH
What is the mens rea of ABH?
It is the same as the mens rea for assault or battery depending on which way the ABH has been carried out.
Through assault- direct intention or recklessness as to causing V to apprehend immediate unlawful force.
Through battery- intention or recklessness to apply unlawful force on/to another person.
What case is used for the mens rea of ABH?
R v Savage
D aimed to throw beer over v, her ex husband’s new girlfriend, but D accidentally let the glass slip from her hand and it hit V and injured her.
What legal principle came from R v Savage?
D does not need to intend/be reckless as to causing ABH to V, they just need the mens rea of assault or battery.
Where is Wounding defined in law?
Section 20 and section 18 of the Offences Against the Person Act 1861.
Explain the actus reus of Wounding.
The actus reus of both types of wounding is to unlawfully wound a person.
What case is used to describe a wound?
JCC v Eisenhower
V was shot with an airgun pellet just above the eye suffering bruising and internal bleeding into the eye.
What legal principle comes from JCC v Eisenhower?
A wound is defined as a cut or break in at least two layers of the skin.
This case also shows that internal bleeding does not count as a wound.
What are the two sections of mens rea for wounding?
Section 20 Malicious Wounding
Section 18 Wounding with intent
Explain the mens rea of section 20 wounding using the case law.
According to R v Mowatt, the mens rea for section 20 wounding is either direct intention or recklessness as to cause some harm.
Explain the mens rea of section 18 wounding using the case law.
According to R v Belfon, the mens rea of section 18 wounding is either direct or oblique intention to cause really serious harm.
Where is GBH defined in law?
Section 20 or section 18 of the Offences Against the Person Act 1861.
What is the actus reus of GBH?
The actus reus of both types of GBH is to inflict/ cause grievous bodily harm on a person.
What case do we use to define a GBH injury?
DPP v Smith
“Really serious harm”
What does DPP v Smith say GBH is not?
Life threatening
Which case says GBH can be psychiatric harm?
R v Burstow
V broke of relationship and D began to follow, telephone, and write to her as well as turning up at her home. V severe clinical depression.
What case says GBH can be serious biological harm?
R v Dica
Which case says GBH can be an accumulation of minor injuries?
R v Brown and Stratton
Broken nose, three broken teeth, cut over one eye.
GBH
What does the case R v Bollom say?
age and health are factors that can be considered when deciding whether the injuries are serious enough to be GBH
What case says that GBH can be committed indirectly?
R v Martin
What is the mens rea of GBH?
The same as wounding
What is the alternative mens rea of s18 GBH?
Causing GBH and/or wounding with intention to resist arrest and intention or recklessness as to causing some harm.
Resisting arrest + S20
