Non-Fatal Offences Against the Person Flashcards
List OAPA offences from least to most serious
-Assault
-Battery
-Assault occasioning ABH- s.47
-Malicious wounding or inflicting GBH- s.20
-Wounding with intent to cause GBH or causing GBH
with intent- s.18
What does common assault mean?
incl. technical assault and battery
Is actual harm necessary for s.39 CJA 1988? + relevant case law
s.39- assault; no actual harm necessary- R v Lewis 1970
What do the cases of R v Ireland; R v Burstow 1997 tell us about assault?
Assault can be committed by words or letters
Does silence amount to assault? + relevant case law
Constanza 1997
What is the MR of assault? + case law
R v Venna 1975- intention or recklessness as to causing V to apprehend imminent unlawful violence
What is the AR of assault?
causing V to apprehend imminent and unlawful personal violence
Contrast the cases of Tuberville v Savage 1669 and Read v Coker 1853 in relation to assault
T v S 1669- you need intention + act
R v C 1853- conditional threats may amount to assault
The offence of battery- AR? + case law
Actual infliction of force on another person- Collins v Wilcock 1984
MR of battery + case law
intentionally or recklessly inflicting or applying unlawful violence or force upon another person- Fagan v MPC 1969
force may not be done by D directly
DPP v K 1990; Haystead 2000; Parmenter
the least touching of another may amount to battery
Cole v Turner 1705- injury is not necessary
s.47 OAPA 1861
Technical Assault or Battery that has caused Actual Bodily Harm
What is AR for Assault occasioning ABH?
commit assault or battery causing V to suffer Actual Bodily Harm
What is the MR for s.47 offence? NOTE: no need to show D intended or foresaw ABH
the same as MR for assault/battery
What is s.20 OAPA 1861?
Maliciously Wounding or Inflicting Grievous Bodily Harm (GBH)
What is the AR of s.20 offence?
unlawfully wounding or inflicting GBH
What is the MR of s.20 offence? + case law
intention or recklessness to causing some harm (although not GBH)- Mowatt 1968 Savage and Parmenter 1991
What is the test for recklessness?
R v Cunningham; R v G and Another
What is meant by GBH? use relevant case law
DPP v Smith 1961- really serious harm
Saunders 1985- serious harm
Describe s.18 offence
Wounding or causing GBH with intent
What is the AR of s.18? NOTE: causing and inflicting means the same
unlawfully wounding or causing GBH
What is the MR of s.18? (contrast with s.20)
intention to cause GBH (for s.20 it is some harm, here is GBH)
What is consent a defence to?- general rule + case law
assault or battery offences- Donovan 1934
What are the exceptions to the general rule for consent? (regarding s.47/s.20 offence)
AG’s Reference No.6 1981- games and sports/ rough horseplay/ surgery/ tattooing/ dangerous exhibitions
The defence of consent regarding transmission of STIs
R v Konzani- uninformed consent is not consent!
