Non Fatal Offences Flashcards
Assault is defined in
Common law
Actus Reus of assault
Causing the victim to apprehend immediate unlawful force
3 things to prove for assault
- D has done something threatening
- V apprehended immediate unlawful force
- Force V apprehended was ‘immediate’
Case showing gestures/actions can be an assault
Read V Coker
Case showing silence or verbal threats can be an assault
R v Ireland
Case showing written words can be an assault
R v Constanza
Case showing words can negate a threat
Tuberville v Savage
Case showing v can apprehend force even if it’s not possible
DPP v London
⭐️ Case showing force being ‘immediate’ means in the near future
⭐️ Smith v CCoW
Mens rea of assault
Intention or recklessness to case V to apprehend immediate unlawful force
Battery is defined in
Common law
Actus reus of battery
Applying unlawful force on/to another person
Case showing the slightest/lightest of touch of even clothing can be battery
R v Thomas
⭐️ Case showing force must be hostile which means unwanted and beyond jostlings of everyday life
⭐️ Wilson v Pringle
Case showing force can be applied via continuing act
Fagan v MPC
Case showing force can be applied indirectly eg. Via an object (chain reaction)
DPP v K
Case showing force can be applied via omission where D has a duty to act
DPP v Santana Bermudez
Mens rea for battery
Intention or recklessness to apply unlawful force
Assault occasioning actual bodily harm is defined in
Section 47 of the Offences Against the Person Act 1861
Actus reus of assault occasioning actual bodily harm
Either an assault or battery which causes ABH to another person
3 elements of actus reus to ABH
- Actus reus of assault or battery
- V suffers injury which counts as ABH
- The assault/battery causes that injury
⭐️ case showing ABH harm cannot be so trivial as to be wholly insignificant
⭐️ r v Chan Fook
Psychiatric harm can be ABH
Case that shows cutting hair can be ABH
DPP v Smith
Case showing short loss of consciousness can be ABH
T v DPP
Wounding is defined in s20 and s18 of the Offences Against the Person Act 1861
Actus reus of wounding is to unlawfully wound another person
⭐️ Case showing wound must break at least 2 layers of skin
⭐️ JCC v Eisenhower
Internal wounding doesn’t count
⭐️ S20 OAPA 1861 (Wounding & GBH)
⭐️ Direct intention or recklessness as to cause some harm - R v Mowatt
⭐️ S18 OAPA 1861 (wounding and GBH)
⭐️ Direct or Oblique intention to cause really serious harm - r v Belfon
GBH is defined in
S20 or 18 of the OAPA 1861
Actus reus of GBH
To inflict/ cause grievous bodily harm on a person
⭐️ case showing GBH means really serious harm but they don’t need to be life threatening
⭐️ DPP v Smith
Case showing GBH can be serious psychiatric harm
R v Burstow
Case showing GBH can be serious biological harm
R v Dica
Case showing an accumulation of minor injuries can be GBH
R v Brown and Stratton
Case showing age and health are factors that can be considered when deciding whether injuries are serious enough to be GBH
R v Bollom
Case showing GBH can be committed indirectly
R v Martin
Alternative mens rea S18 OAPA
Causing GBH and/or wounding with intention to resist arrest and intention or recklessness to cause some harm
⭐️ Savage (ABH mens rea)
Does not need to intent or realise a risk of harm (mens rea for assault or battery)
ABH injuries
Broken finger, chipped teeth, unconscious short period, broken toe, broken nose, bruise, swollen cheek, PTSD, black eye, depression, anxiety, sprained ankle, black eye
GBH injuries
Fractured skull, punctured lung, internal bleeding, clinical depression, severe bruising, broken leg, broken arm, broken collar bone, brain damage, broken ribs, paralysed
