Non Fatal Offences Flashcards
Silent telephone calls could constitute as an assault depending on V
Assault
Ireland 1997
The fear need not be rational if V believes they may be subjected to immediate violence
Assault
Smith v CI of Woking Police
If D is intoxicated when the act is committed, the AR for assault and battery is considered to be doing the illegal act recklessly
Assault
DPP v Majewski 1976
Recklessness is enough for the MR, it doesn’t have to be intention
R v Venna
The AR & MR are fulfilled because of apprehension
Longdon v DPP 1976
It need not be a serious attack, any unlawful touching will do. E.g. Touching someone’s arm/ prodding
Battery
Collins v Willcock 1984
There could be no dispute that if you touch a persons clothes while they are wearing them, it is the equivalent of touching them
Battery
R v Thomas 1985
Deliberately driving over someone’s foot is a battery
Battery
Fagan v metropolitan police Commissioner 1969
The application of force can be indirect for either assault or battery
Battery
DPP v K 1990
It was reckless as to whether the actions would injure the child
Battery
Haystead v CC of Derbyshire
If D is under a duty to act then they may commit a battery through an omission (rare)
Battery
Santana Bermudez v DPP 2003
ABH can mean any hurt or injury calculated to interfere with the health or comfort of V
Abh
R v Miller 1954
States that r v Miller can also include loss of consciousness
Abh
T v DPP 2003
No physical pain is necessary for ABH
Abh
DPP v smith 2006
The pain can include psychiatric injury but it must be a recognised clinical condition
Abh
Chan Fook 1994
