Non-Fatal Offences Against the Person Flashcards
What act is Assault and Battery charged under?
s.39 Criminal Justice Act 1988
What types of offences are Assault and Battery?
Common Law Offences
Maximum sentence and fine for Assault?
6 months in prison
£5000 fine
Definition of Assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
Actus Reus of Assault?
Must be an act which cause the victim to apprehend the infliction of immediate unlawful violence.
Omission is not sufficient
Cases for Actus Reus of Assault?
R v Constanza
R v Ireland
R v Lamb
Smith v Superintendent of Working Police Station
Tuberville v Savage
R v Light
What is stated in R v Constanza about Assault?
Letters with threat is sufficient
What is stated in R v Ireland about Assault?
Silent telephone call is assault
What is stated in R v Lamb about Assault?
Pointing an unloaded gun at V who knows it is unloaded is not assault
What is stated in Smith v Superintendent of Working Police Station about Assault?
Assault can be through closed windows if it causes fear
What is stated in Tuberville v Savage about Assault?
Statement saying D is not going to do anything is not assault
What is stated in R v Light about Assault?
Statement made that caused fear is assault
Definition of Battery?
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as whether unlawful force is applied
Actus Reus of Battery?
Application of unlawful force to another
Cases for Actus Reus of Battery?
Collins v Wilcock
Wood v DPP
Fagan
DPP v K
DPP v Santa-Bermudez
What is stated in Collins v Wilcock about Battery?
Any touching may be battery
What is stated in Wood v DPP about Battery?
Police officer touching another, battery because he was not being arrested
What is stated in DPP v K about Battery?
Indirect act can also be sufficient for actus reus of battery
What is stated in DPP v Santa-Bermudez about Battery?
Omission is sufficient to actus reus of battery if a duty is owed
Mens Rea of Assault and Battery?
Intention and Recklessness
Case for Recklessness in Battery?
DPP v Majewski
What year if the Offence Against the Person Act?
1861
s.47 Offence Against the Person Act about?
Actual Bodily Harm
Maximum prison sentence for s.47?
5 years
What type of offence is s.47?
Triable-either-way offence
Actus Reus of s.47?
Necessary to prove there was an assault or battery and that is caused actual bodily harm
Cases for actus reus of s.47?
R v Miller
T v DPP
DPP v Smith (Michael)
What is stated in R v Miller about s.47?
Actual bodily harm is “any hurt or injury calculated to interfere with the health or comfort of the victim”
What is stated in T v DPP about s.47?
Loss of consciousness can be actual bodily harm
What is stated in DPP v Smith (Michael) about s.47?
Cutting victims hair can amount to ABH
Mens Rea of s.47?
D must intend or be subjectively reckless as to whether the victim fears or is subjected to unlawful force
Case for mens rea of s.47?
R v Savage
Definition of s.20 OAPA 1861?
Must be proved that D wounded or inflicted grievous bodily harm and did this intending injury to be caused or recklessness as to whether any injury was inflicted
Definition of wound?
Cut or break in the whole skin
Grievous Bodily Harm mean?
Serious harm
What case defines GBH?
DPP v Smith
Cases for s.20?
R v Bollom
R v Burstow
R v Dica
Cunningham
What does R v Bollom state about s.20?
Age and health can be considered
What does R v Burstow state about s.20?
Serious psychiatric injury is sufficient
What does R v Dica state about s.20?
Infecting someone with HIV is sufficient
Mens Rea of s.20?
An intention to do a particular kind of harm that was in fact done
Recklessness as to whether such harm should occur or not
Case for mens rea of s.20?
Cunningham
Definition of s.18 OAPA 1861?
Grievous Bodily Harm
Mens Rea of s.18?
Specific intention to cause grievous bodily harm and specific intention to resist or prevent arrest
Cases for s.18?
R v Taylor
R v Morrison
What does R v Taylor state about s.18?
Wounding is not sufficient for s.18
What does R v Morrison state about s.18?
Prosecution must prove that D either intended injury or realised there was a risk of injury and took that risk
