Non-Fatal Offences Flashcards
What is the definition of assault?
D must intentionally or recklessly cause V to apprehend immediate and unlawful force
What is the case that goes with the definition of assault?
Ireland
What is the actus reus of assault?
An act or words which causes V to apprehend immediate and unlawful force
What is not enough for the actus reus of assault?
An omission, it must be an act or words
What happened in Constanza?
Letters were a form of assault
What happened in Ireland?
Silent phone calls were assault
What does apprehend mean?
To be aware of
What does the case Logdon V DPP say?
V does not have to be scared or in danger
What happens in Logdon V DPP?
D showed V a gun in his drawer but it was fake but V still apprehended immediate and unlawful force
What does immediate mean?
There and then
What does the case Smith V Superintendent of Woking Police Station say?
A threat to inflict harm in the future can’t be an assault but if D does something that makes V aware that there would be unlawful force at some unpredictable moment in the near future
What happened in Smith V Superintendent of Woking Police Station?
D was standing in V’s garden looking through her bedroom window
What does the case Tuberville V Savage say?
Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault
What happened in Tuberville V Savage?
D put his hand on his sword and said ‘if it was not assize-time I would not take such language’
What is the mens rea of assault?
Intention or recklessness as to causing V to apprehend immediate and unlawful force
What is the case example used for the mens rea of assault?
Venna
What is the definition of battery?
D must intentionally or recklessly apply unlawful force to V
What is the case example which goes with the definition of battery?
Collins V Wilcock
What can force include?
The slightest touching, but not the ordinary jostling if everyday life because implied consent is given to all inevitable touching
What does the case Thomas say?
The unlawful force does not have to be applied to V’s body, touching his or her clothes may be enough , even if V feels nothing
What happened in Thomas?
D touched the bottom of a woman’s skirt
What case example shows indirect battery?
Haystead
What happened in Haystead?
D caused a child to fall by punching the woman holding the child
What does the case DPP V Santana-Bermudez say?
A battery can be committed by an omission, but only if D is under a duty to act
What does the case Fagan V MPC say?
The actus reus of battery can be a continuing act
What is the mens rea of battery?
Either intention or recklessness as to applying unlawful force to V
What case example goes with the mens rea of battery?
Venna
What section is ABH under?
S.47 of the Offences Against the Person Act 1861
What is the definition of ABH?
Any assault occasioning actual bodily harm
What is the actus reus of ABH?
There must be either an assault or battery and this must cause actual bodily harm
What does occasioned mean?
Caused
What does the case Miller say?
ABH is any hurt or injury calculated to interfere with health or comfort of V
Which case defines the word actual?
Chan-Fook
What does the word actual mean?
Th injury should not be so trivial as to be wholly insignificant
What is the mens rea of ABH?
Mens rea of assault or battery
What does the case Savage say?
D does not need to intend or be reckless as to whether ABH is caused to V
What happened in Savage?
D went to throw beer over V but threw the glass as well
What is an offence under s.20 OAPA 1861?
To unlawfully and maliciously inflict grievous bodily harm or wounding
What is the actus reus under a.20?
To inflict GBH or wounding
What does inflict mean?
Cause
Which case said the inflict meant cause?
Burstow
What does GBH mean according to DPP V Smith?
Really serious harm
What was classed as GBH in the case Dica?
HIV
What happened in Burstow?
D caused V to suffer severe depression which was classed as GBH
What does the case Bollom say should be taken into consideration?
In deciding whether V’s injuries amount to GBH, it is necessary to take into account V’s age and health
What does the case Brown and Stratton say?
A single minor injury to V when added to other minor injuries inflicted on V can amount to GBH
What does wounding require?
A breaking of the whole skin
What does the case JCC V Eisenhower say?
Internal bleeding where there is no cut of the skin is insufficient for a wound
What is the mens rea of s.20?
- ’maliciously’
* intention or recklessness that V might suffer some harm
What is the case example for the mens rea of s.20?
Mowatt
What is there no need for D to foresee in s.20?
The level of injury
What is an offence under s.18 OAPA 1861?
To wound or cause GBH with the intent to cause some GBH
What is the actus reus of s.20?
Proof of wounding or GBH
What is the mens rea of s.18?
Intention
