Non-Fatal Offences Flashcards
Where is Assault Defined?
Case Law -
Previous cases brought before judges
(Assault) Case- Apprehends Unlawful Force
*DPP V. Logdon
(Assault) Case - Immediate force
*Smith v Chief Constable of Woking
(Assault) Case - Things done (gestures, actions)
*Read v Coker
(Assault) Case - Words (not) said
*R v Ireland
(Assault) Case - Words written
*R v. Constanza
(Assault) Case - something to negate
*Tuberville v Savage
Assault- Actus Reus
To cause V to apprehend immediate & unlawful force
Assault - Mens Rea
Direct Intention
Or
Recklessness
Where is battery defined?
Case Law -
Previous cases brought before judges
(Battery) Case - Unlawful Force
*R v Thomas
(Battery) Definition/ requirement - Unlawful Force
- even the (s)lightest touch will suffice
- touching clothes is equivalent to touching a person
(Battery) Case - Hostile Force
*Wilson v Pringle
(Battery) Definition of hostility
- unwanted or aggressive
- unless applied consent is given
(Battery) Case - Applying Force via a continuing act
*Fagan v. MPC
(Battery) Case - Applying Force via an object
*DPP V. K
(Battery) Case - Applying force via an omission
*DPP v. Santana-Bermudez
Where is assault occasioning actual bodily harm defined?
Section 47
Offences Against The Person Act 1861
ABH - Actus Reus
An assault OR battery which causes ABH to another person
3 elements included in the Actus Reus for ABH
1) the assault or battery
2) the assault or battery to CAUSE the ABH
3) the injury to amount to ABH
Case - Actual Bodily Harm
*R v. Chan Fook
Definition of Actual Bodily Harm
Harm cannot be so trivial as to be wholly insignificant
i.e. should be more than..
(ABH) Case - psychiatric harm can amount to ABH
*R v. Chan Fook
(ABH) - Cutting off a persons hair(s) without consent would amount
*DPP v. Smith
(ABH) Case - Even a (very) short loss of consciousness…
*T V DPP
ABH - Mens Rea
No additional/separate Mens Rea for ABH itself
- only mens Rea for the assault or battery
(ABH) Case - No additional Mens Rea required
*R v Savage
Where is wounding defined?
s20 or s18
Offences Against the Person Act 1861
Wounding - Actus Reus
Unlawfully wound a person
(Wounding) Case - defines a wound
*JCC v Eisenhower
Definition of a wound
A cut or break in at least 2 layers of the outer skin
(ABH) Case - s20
*R v Mowatt
(ABH) - s20 intention
- direct intention or recklessness
- to cause some harm
(ABH) Case - s18
*R v Belfon
(ABH) s18 intention
- direct or oblique intention
- to cause serious harm
