Non-fatal Offences Against the Person Flashcards
What is the definition of assault?
An act which causes the victim to apprehend the infliction of immediate unlawful force with either intention or recklessness to cause fear.
What 3 lawful excuses are there for assault?
Reasonable punishment of a child - s58 children’s act 2004
Where the victim consents
Where the defendant acts in self-defence or prevention of a crime
What’s the significance of R v Nelson?
Assault cannot be an omission
What’s the significance of R v Constanza?
Words alone can be sufficient for an assault - wrote over 800 letters of the last two were interpreted as a clear threat.
What is the significance of R v Ireland and Burstow?
Scientists phone calls can amount to assault - no need for physical proximity
What’s the significance of R v Misalati
Spitting can amount to an act causing the victim to apprehend violence
What’s the significance of DPP v Logdon?
Apprehending violence - pointed gun at v who was then told it was fake
What is the significance of R v Lamb?
Could not apprehend violence - pointed unloaded gun at woman who knew it was unloaded
What is the significance of Smith v Cheif supt. of Woking police station?
Immediate can mean the next likely action - stared through window and didn’t stop when v called police
What is the significance of R v Light?
Words were not enough to negate the fear of immediate violence - raised sword above wives head and said if it weren’t for the policeman outside he’d split her head open
What is the significance of Tuberville v Savage?
Words indicating there will not be violence will prevent an act from being an assault - if it weren’t for asize time, I would not take such language from you
Which section of the OAPA does battery come under?
S39
What is the definition of battery?
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied
What are the excuses for battery?
Self defence
Consent
Reasonable punishment of a child
Prevention of a crime
What is the significance of Donnelly v Jackman?
More force used than the implied consent for everyday jostlings of life - tapping to gain attention
What’s the significance of Collins v Wilcock?
Implied consent to jostling exists but restraint is deemed unlawful force
What is the significance of R v Thomas?
Touching a persons clothing while he is wearing them is the equivalent to touching them - amounts to battery
What is the significance of Fagan v Met police commander?
Battery may be committed by a continuing act -D accidentally drove onto policeman’s foot and then refused to move
What’s the significance of DPP v K?
Battery may be committed by an indirect act - acid in the hand dryer
What is the significance of Haystead v Cheif constable of Derbyshire?
Battery can be a result of transferred malice - punched mother causing her to drop small child
What’s the significance of DPP v Santa-Bermudez?
An omission can become indirect battery - needle had been failed to be mentioned before being searched
What is the significance of DPP v Majewski?
Recklessness is basic intent - Intoxication is sufficient for the mens rea
What is the definition of assault causing actual bodily harm?
An assault of battery which causes actual bodily harm with the intention to cause the victim to fear unlawful force, or to subject unlawful force, or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force.
What is the maximum sentence for ABH?
5 years imprisonment
What are some examples of of ABH from the charging standards?
- loss or breaking of a tooth
- temporary loss of consciousness
- bruising
- broken nose
- fractures of bones
- minor cuts
- recognised psychiatric disorder
What’s the significance of R v Donovan?
Injury must be more than merely transient and trifling
What’s the significance of R v Miller?
ABH includes hurt or injury calculated to interfere with health or comfort
What’s the significance of R v Chan Fook?
“Actual” indicates the injury should not be trivial as to be wholly insignificant
What’s the significance of T v DPP?
Transient but not trifling - unconsciousness is sufficient for ABH
What’s the significance of DPP v Smith?
Physical pain is not necessary - hair cutting
What’s the significance of R v Burstow?
Must be a recognised psychiatric problem
What’s the significance of R v Cox?
Stress comes under a recognised medical condition - stalking
What’s the significance of R v Savage?
Sufficient MR for intent to apply unlawful force S47 not S20
What is the maximum sentence for inflicting GBH?
5 years imprisonment
What is the definition of inflicting GBH?
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without instrument, shall be guilty of an offence and shall be liable…to imprisonment not more than 5yrs
What are some examples of GBH from the charging standards?
- injury resulting in permanent disability
- more than minor, physical disfigurement, broken limbs, fractured skull
- compound fracture, cheekbone, jaw, ribs etc.
- substantial loss of blood (transfusion needed)
-lengthy treatment or disability - psychiatric injury
What are the lawful excuses for GBH?
- Consent
- Self defence or prevention of a crime
