Non-Fatal Offences against the person Flashcards
Common Assault and Battery
An assault or battery which results in no injury.
Is common assault Summary or indictable?
Summary
Do you have power of entry for a common assault
No, Summary only
What is an Assault?
An Assault is any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
“Apprehend” means the person believes not fear.
Requires Mens rea from victim and Offender
Offender threatens to shoot Victim with a imitation gun. is this an assault?
If the victim believes it is a real gun it is an Assault.
R v Ireland (1998)- It dose not have to be certain, just a possibility”
“Logdon vs DPP (1976) X threatened to shoot Y with imitation pistol. Even though X couldn’t actually harm Y, still an assault as Y apprehended immediate violence being used.”
Defining immediacy (case Law)
Immediacy is elastic
R v Ireland (1998) Violence ‘in a minute of two’ might be enough
what words can negate an assault?
if a CONDITIONAL threat is made.
“Do this OR else”
or hypothetical scenario
What is a Battery
When a person Intentionally or recklessly inflict unlawful force on another.
Requires physical contact
What is the Mens Rea for Battery
Recklessly or intentionally
What is the Actus Reus for Battery
Inflicts unlawful force on another
If a person is collaterally injured is this a battery
Yes indirect force is still a battery
Mother holding a baby who is also injured (Haystead vs CC Derbyshire (2000))
If the victim dose not apprehend the force but is hit what offence is this
Battery without assault
4 Defences of Battery
Consent
Lawful Chastisement
Self defence
Legal right/ duty
Factors of Consent
Did the victim in fact consent
do public policy consideration invalidate that consent
Can you “Smack” a child
A parent or a person acting in place of a parent may use reasonble force in controlling the behaviour of that child.
But the injury amounts to no more than reddening of the skin
SEC 58 Children ACT 2004
What legal right or duty exist to justify use of force?
Common law, pre-emptive strike
SCE3 Criminal Law act 1967
A Person may use force as is reasonable in the prevention of crime or assisting a lawful arrest or suspected offenders unlawfully at large.
Can ABH include mental injury
yes on medical evidence psychiatric injury can be ABH
What assaults require medical evidence
All assaults ABH upwards
What is the offence wording for an ABH
‘Whoever shall be convicted of any assault occasioning actual bodily harm shall be liable to be kept in penal servitude.’
What is the offence wording for a GBH
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of a misdemeanour’
For the purpose of GBH what dose Maliciously mean?
Intention or recklessly
GBH Injuries
Fracture of skull and major bones
Substantial puncture breaking all layers of skin
Deliberately infecting another with HIV or transmittable disease
Significant Psychiatric injury
Dose not say intend the level of injury
GBH by INTENT
The intention was to cause the LEVEL of injury.
Or that the intent was to resist arrest or arrest of another.
What SEC is GBH with intent
SEC 18
What SEC is GBH
SEC 20
Offence wording: Assault with Intent to Resist Arrest
Whosoever…shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor.
Offence wording: Assault on an Emergency Worker
‘An offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of functions as such a worker.’
SEC 1 Assaults on Emergency Workers ACT
True or false Assault on an emergency worker can be used for off duty officers
False only during the exercise of the function as an emergency workers
Obstructing of a Police Officer, Wording
Any person who resists or wilfully obstructs a Constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence’
Threats to Kill wording
‘A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence’.
Would a threat towards an unborn baby be considered a threat to Kill
no - unborns can not be threaten
