Non-Fatal Offences Against the Person Flashcards
Define Assault
- Where D intentionally or recklessly causes the V to apprehend immediate unlawful personal violence
Elements of Assault
- Making a positive act (AR)
- E.g. making a threat, raising a fist etc
- Must make V apprehend immediate unlawful violence (AR)
- Intend or be reckless as to making V fear violence (MR)
Lamb 1967
Assault
Pointed unlaoded gun. V knew it was unloaded
Not assault as no possiblity of carrying out threat
Smith v Chief Superintendent of Working Police Station 1983
Assault
D broke into garden. Looked in V’s winodw. V feared what D may do
Fear sufficient for assualt
Define Battery
- Intentionally or recklessly apply unlawful force upon V
Elements of Battery
- Application of force (AR)
- Force can be slightest touching
- Intnetion or recklessness to applying force (MR)
Collins v Wilcock 1984
Battery
Police officer took hold of womans arm. She hadn’t been arrested so he was unlawfully holding her.
Police officer liable
DPP v K 1990
Battery
D put acid in hand dryer. Caused injury to next user
Battery need not be direct. D liable
Define s47 Assault/Battery Occasioaning ABH
OAPA 1861
Any hurt or injury calculated to interfere with health of V
What does s47 cover?
- Brusing
- Scratches
- Broken fingers/nose
- Psychiatric harm
- Minor fractures
- Loss of consicousness
- Loss of teeth
What must you prove in s47
There is an assault or battery which caused ABH
Elements of s47
- Battery or assault causes ABH (AR)
- Intention or recklessness (MR)
DPP v Smith 2006
s47
D cut off V’s ponytail
Divisional Court held cutting hair amounts to ABH. D liable
R v Roberts 1971
s47
D made advances on V in car. V jumped from car as feared serious harm
D liable for V’s injuries
Define s20 GBH and Wounding
OAPA 1861
Unlawfully and maliciously wound or inflict any GBH on any other person
Elements of s20 ABH and Wounding
- Wound or inflict GBH (AR)
- Intend some injury or reckless as to causing GBH or wounding (MR)
What does s20 cover?
- Cut or break in skin
- Not internal bleeding
- Only broken bone if it breaks through skin
- Shotgun pellet
- Substantial loss of blood
- Serious Harm
- Injury resulting in visible disfigurement
- Injury resulting in permamnent disability
- Bruising may amount to GBH if against someone vulnerable
- Psychiatric injury
R v Bollom 2004
s20 GBH
Baby had bruises
D liable of GBH as baby is vulnerable
Lewis 1974
s20 GBH
Husband (D) shouting threats. Wife (V) jumped from window. V broke both legs
D liable for s20
Define s18 GBH and Wounding
OAPA 1861
Wound or cause and GBH to any person with intent
Elements of s18 GBH and Wounding
- Wound or inglict GBH (AR)
- Intend to do so (MR)
- Resist the lawful arrest of any person (MR)
