non-fatal offences against the person Flashcards
What does it mean when assault is a common law offence?
What act governs assault?
What type of offence is assault and what is the maximum prison sentence?
Common law means the law has been develpoed by judges through decisions in court
Section 39 Criminal Justice Act 1988
Summary offence + 6 months imprisonment or a fine
What is the actus reus of assault?
What happened in the case of Logdon v DPP?
The actus reus of assault is any act which causes the victim to apprehend the immediate infliction of violence such as raising a fist, pointing a gun or threatening someone
As a joke the defendant pointed a gun at the victim she was frightened until he told her it was a replica gun. The court found him guilty of assault as he caused the victim to apprehend the immediate infliction of physical violence and has been reckless
Can words amount to assault?
Can silent telephone calls amount to assault, give a case example
Can threatening letters amount to assault, give a case example
- Yes
- Yes, R v Ireland, Burstow - The defendant made silent telephone calls to three woman and these were held to be sufficient enough to cause the victim to apprehend the immediate infliction of unlawful force
- Yes, R v Constanza - Threatening letters were held to amount to an assault
In assault the threat must be “immediate” how is this typically interpreted by courts?
Give a case example?
Typically interpreted quite liberally by the courts
Smith v Chief Superintendent of Woking police station (1983) - Victim was in her nightdress in her downstairs window, defendant trespassing on her property was staring at her through the window. Even though the door was locked and she was behind the window, it was deemed to be sufficiently ‘immediate’ for assault
What is the mens rea of assault?
What case defined this mens rea?
The defendant must have either intended to cause the victim the infliction of immediate and unlawful force, or must have seen the risk that such fear would be created (subjective recklessness)
R v Parmenter
Is recklessness objective or subjective?
What is the name of this recklessness and what case created it?
Recklessness is now generally subjective. It must be beleived that the defendant in question foresaw the conseqeunce of their action but took the risk anyway.
Known as Cunningham recklessness from the case of R v Cunningham
Battery is provided for in what Act?
What is the maximum sentence for battery and what type of offence is it?
Battery and Assault can be sometimes charged together as what?
Section 39 Criminal Justice Act 1998
6 months imprisonment, Summary offence
Common assault
What is the actus reus of battery?
It is accepted that a certain amount of force happens in daily life, what case shows this?
The application of unlawful physical force on another
Collins v Willcock
Does the application of battery need to be direct?
Give two case examples?
No
Haystead v DPP - Defendant punched woman causing her to drop child he was found guilty of the indirect battery of the child
Fagan v Metropolitan police commissioner - Accidentally parked car on officers foot and refused to move
The term “Physical force” implies a high level of force needs to be applied. Is this always the case?
What happened in the case of R v Thomas?
Does the victim need to be aware they are about to be struck?
No
Defendant touched the hem of a girl’s skirt which was akin to touching the girl herself
The victim does not need to be aware they are about to be struck, striking someone from behind will constitute batter
Can battery be comitted by an omission?
What case shows this?
What is the mens rea for battery?
Yes
DPP v Santana-Bermudez - Defendant was asked if he had any needles or sharps on him. He refused to answer and the police officer ended up getting pricked on the finger. His failure to inform her was enough to satisfy the actus reus
Same as assault as confirmed in R v Venna
What act is s47 Actual Bodily harm provided for in?
What type of offence is ABH?
What is the maximum sentence for ABH?
Section 39 Criminal Justice Act 1988
Triable Either Way offence
5 Years imprisonment
What the three elements of the actus reus of ABH?
Explain element 1
Explain element 2 and give a case example
Explain element 3
- Assault or Battery 2. Occasioning 3. Actual bodily harm
The first element of ABH requires proof of the actus reus of either an assault or battery as defined above
The assault or battery must occasion actual bodily harm. The chain of causation therefore needs to be establsihed between the defendants act and the harm caused. R v Roberts - woman jumped from car after the defendant made sexual advances towards her. Victims reaction was reasonably forseeable so did not break chain of causation
The definition of what constiutes ABH was clafiried i
