Non-fatal Offences Flashcards
S.18 Offences against the person act 1861 (AR)
Wound or cause GBH (includes psychiatric harm)
Psychiatric Harm
R v Ireland 1997 - psychiatric harm has to be a recognisable clinical condition.
Actual Bodily Harm
R v Miller - any hurt or injury calculated to interfere with the health or comfort of the victim.
S.39 Criminal Justice Act 1988 (Simple) (AR)
Acts/words which cause victim to apprehend immediate and unlawful personal force.
S.47 offences against the person act 1861 (AR)
Physical assault causing ABH (includes psychiatric harm).
S.39 Criminal Justice Act 1988 (Physical) (AR)
Infliction of unlawful personal force upon the victim.
S.47 Offences against the person act 1861 (MR)
Intention/recklessness as to the physical assault (no need for D to have intended/foreseen ABH - Case of Savage).
R v Eisenhower
A nose bleed does not count as GBH.
S.20 Offences against the person act 1861 (AR)
Intention/recklessness as to the ABH.
S.39 Criminal Justice Act 1988 (Simple) (MR)
Intention/recklessness as to the victim apprehending unlawful personal force.
Grievous bodily harm
DPP v Smith 1961 - “really serous harm”.
S.18 offences against the person act (MR)
Intent to cause GBH OR intention or recklessness as to ABH plus intention to resist/prevent arrest.
R v Savage
S.20 offence - only have to have MR in regards to intent/recklessness as to cause ABH, even though GBH was caused.
Wound
Moriarty v Brooks 1834 - the breaking of both layers of skin which results in bleeding.
S.20 Offences against the person act (AR)
Wound or inflict GBH (Includes psychiatric harm)
