Non-fatal offences A01 Flashcards
What are the 5 non-fatal offences?
Assault
Battery
Assault occasioning actual bodily harm
Malicious wounding or inflicting grievous bodily harm
Inflicting grievous bodily harm or wounding with intent
What Act covers ABH? and what is the sentencing for this offence?
s.47 Offences Against the persons act - max 5 years
What Act covers GBH? and what is the sentencing for this offence?
s.20 offences against the person act - max 5 years
What Act covers GBH with intent? and what is the sentencing for this offence?
s.18 Offence against the person act - max life imprisonment
What Act would the sentencing of common assault come under? and what is the sentencing for this offence?
s.39 Criminal Justice Act 1988 - 6 months
What is assault defined as?
To intentionally or recklessly cause the victim to fear immediate unlawful personal violence
What is the actus reus of assault?
There must be a positive act. Fear of any unwanted touching is enough - it doesn’t have to be serious violence. There must be an act or words - but there doesn’t need to be any physical contact between D and V
What case illustrated that silence could become an assault? and what happened in this case?
Ireland - D made several silent phone calls to 3 women. V may fear that the purpose of the call is to determines if she is at home, and that the caller is about to come to her home immediately after the call
What case illustrated that letters can form and assault? and what happened in this case?
Constanza - Letters sent by stalker were interpreted as clear threats and there was a fear of violence at some time ‘not excluding the immediate future’.
What 2 cases shows that the victim must apprehend or fear unlawful force?
Logdon
Lamb
What happened in the case of Logdon?
D, as a joke, pointed a gun at a V who was terrified until she was told it was a replica. She feared that he may have hurt her
What happened in the case of Lamb?
Ds were playing with what they both thought was an unloaded revolver. Lamb pointed it at v and pulled the trigger. There was no assault as V didn’t think the gun could fire
In what 2 circumstances would it be obvious that immediate force couldn’t be used against the v?
D shouting threats from a passing train
Pointing an unloaded gun at someone who knows its unloaded: Lamb
What case illustrates that words can cancel out an assault? what happened in the case?
Tuberville v savage - A man put a hand on his sword and said, ‘if it were not assize-time, i would not take such language from you’ Despite the act which made v fear immediate violence, the words that accompanied the act showed that no violence was going to be used.
What cases illustrates that the immediate force need not be instantaneous but imminent? and what happened in this case?
Smith v Chief Constable of Woking - D entered a private garden at night and looked through the bedroom window of the V. She was terrified and thought he was about to enter the room and she would be subject to violence
The mens rea for assault is either:
An intention to cause another to fear immediate unlawful violence OR
Recklessness as to whether such fear is caused
What meant by the intention that needs to be established for the mens rea of assault and what case illustrates this?
If it’s the D’s aim, purpose and desire to cause V to apprehend immediate violence: Mohan
What meant by the recklessness that needs to be established for the mens rea of assault and what case illustrates this?
That the D is aware of the risk they are causing to apprehend immediate violence and taking the risk anyway: Cunnigham
What is battery defined as?
To intentionally or recklessly apply unlawful force to another
What is the actus reus for battery and what are the cases that illustrate this?
There must be an application of force - touching is enough: Thomas
The force that’s applied must be unlawful: Collins v Wilcock
What happened in the case of Thomas 1985?
A caretaker was charged with indecent assault after touching the hem of a 12 year old girls skirt
What happened in the case of Collins v Wilcock?
2 police officers saw D soliciting. They asked her to get into the police car for questioning but she refused and walked away. One of the officers walked after her to try find out her identity and took hold of her by the arm to prevent her leaving. She became abusive and scratched the officers arm. She was convicted of assaulting a police officer in the execution of his duty. She appealed and the court held that the officer committed a battery
In what situations would a a contact with another person not be classed as a battery?
Implied consent in normal social situations
Tap on shoulder to gain attention
Jostling on public transport
Bumping in corridors at college
What two cases illustrate that battery can be committed via an indirect act?
DPP v K
Haystead