Non-fatal offences against the person Flashcards
5 NF Offences
Assault battery S.47ABH S20.GBH S18.GBH
CPS charging standards
Provide guidance on what injuries constitute what offences
Assault
Causing the V to apprehend the infliction of immediate unlawful force
Assault cases and explain
Smith v Chief Superintendent Woking-staring at woman in flat
Constanza-letter of threats
Ireland-silent calls
Mens rea for assault/battery and punishment
Basic intent crime-intent/reckless Mohan/Cunningham
Summary-6 months 12 reoffender
Battery
Application of unlawful force
Battery cases and explain
Collins v Wilcock-slighest touch
Thomas-touching clothes
Haystead-indirect battery (pushed woman)
Santana Bermudez-force by omission
S47 Assault occasioning actual bodily harm. 3 elements
- assault or battery-one must be present
- occasioning-causation
- ABH
Chan Fook
More than trivial but less than serious
Miller
Interfere with health or comfort
‘Bodily’ Harm and cases
Not trivial/transitory
Can be psychological (Chan Fook), cutting hair (Smith Michael), temporary unconsciousness (T v DPP)
Mens rea for ABH
Only needed for initial assault/battery
R v Savage
Threw glass of beer over girl. Slipped out and cut woman. Had intention for battery so could be ABH too
R v Roberts
Sexual advancements made, jumped out car injuring herself. Guilty for assault occasioning ABH as had mens rea for assault (caused fear/apprehension). Her actions did not break chain of causation as was reasonable
S.20 GBH AR
Wound or Infliction of GBH
Wounding+case
Break in all layers of skin resulting in blood. Eisenhower-internal injuries are not a wound
Infliction of GBH +case
Inflict really serious harm. DPP V Smith/Saundees
Bollom
GBH includes ABH type injuries on a vulnerable victim
Brown and Stratton
Multiple ABH constitutes GBH
Burstow
Psychological harm can be GBH
Dica
Gave someone HIV-biological harm
Mens rea for S20
Basic intent-reckless or intent
Parmenter
If D does not forsee risk of ANY harm, charge with S47 rather than S20 GBH as although hasn’t even had recklessness, offence is serious
S18 GBH AR and MR, court and sentence?
AR-wounding or CAUSE GBH (not inflict)
MR-specific intent-needs intent or resist to arrest
Indictable-Crowns Max Life sentence
Belfon
Slashed V with razor. Held specific intent was required not just recklessness for S18
Morrison
Resisted arrest=S18
Sentence for ABH and S20 and court
5 YEARS TEW
