NON FATAL OFFENCES AGAINST THE PERSON Flashcards
TYPES OF NON FATAL OFFENCES
Common Assault - Battery - ABH -GBH S.20 - GBH S.18
DEFINITION OF COMMON ASSAULT
- Definition: Any act where D intentionally or recklessly causes V to apprehend immediate and unlawful force.
MENS REA FOR COMMON ASSAULT
Intention or recklessness
(R v Venna [1976]
COMMON ASSAULT KEY CASES
o R v Lamb (1967) – No assault if V does not apprehend harm.
o Logdon v DPP (1976) – If V believes D can carry out the threat, it is assault, even if D lacks actual means.
o R v Ireland & Burstow (1998) – Silent phone calls can amount to assault.
o Tuberville v Savage (1669) – Words can negate an assault.
DEFINITION OF BATTERY
Any act where D intentionally or recklessly applies unlawful force to V.
MENS REA FOR BATTERY
Intention or recklessness
R v Venna [1976].
KEY POINTS FOR BATTERY
o Force includes even minimal contact
(Collins v Wilcock [1984]).
o Touching clothing is sufficient
(R v Thomas [1985]).
o Force can be indirect
(Haystead v DPP [2000] – hitting a baby by punching the mother).
o Omissions may count
(e.g., Fagan v MPC [1986] – D refused to move a car off a police officer’s foot).
DEFINITION OF Assault Occasioning Actual Bodily Harm (ABH) – s.47 OAPA 1861
A common assault or battery that causes actual bodily harm to V
ACTUS REUS FOR ABH
o Assault or battery must have occurred.
o Harm must be more than trivial
(R v Miller [1954]).
o Includes psychiatric harm
(R v Chan-Fook [1994]).
o Cutting hair can be ABH
(DPP v Smith [2006]).
MENS REA FOR ABH
o D must have the mens rea for assault or battery.
o No need to intend or foresee ABH
(R v Savage & Parmenter [1992]).
DEFINITION of Malicious Wounding/Inflicting GBH – s.20 OAPA 1861
D unlawfully and maliciously wounds or inflicts grievous bodily harm (GBH).
ACTUS REUS FOR GBH s.20
o Wound = breaking both layers of skin
(C (a minor) v Eisenhower [1984]).
o GBH = “Really serious harm”
(DPP v Smith [1961]).
o Includes serious psychiatric harm
(R v Burstow [1998]).
MENS REA FOR GBH s.20
o D must intend or be reckless as to causing some harm
(R v Cunningham [1957])
o Subjective recklessness applies
(R v Mowatt [1968])
DEFINITION OF GBH with Intent – s.18 OAPA 1861
D unlawfully and maliciously wounds or causes GBH with intent to cause GBH.
ACTUS REUS FOR GBH s.18
Same as s.20, but with a higher mental element.
MENS REA FOR GBH s.18
o D must intend to cause GBH, recklessness is not enough.
o Intent can be direct or oblique
(R v Woollin [1998]
CONSENT IN NON FATAL OFFENCES
-Consent is a defence only for minor assaults (e.g., sports, medical treatment).
- Cannot consent to serious harm (R v Brown [1993] – sado-masochistic injuries not allowed).
EXCEPTIONS FOR CONSENT IN NON FATAL OFFENCES
o Contact sports
(R v Barnes [2005])
o Surgery
o Body modifications
(R v Wilson [1996] – branding wife was not unlawful).
CAUSATION IN NON FATAL OFFENCES
- Factual causation: “But for” test
(R v White [1910] – poison not actual cause of death). - Legal causation: D’s act must be a significant contribution.
INTERVENING ACTS IN NON FATAL OFFENCES
o Medical negligence rarely breaks the chain
(R v Cheshire [1991]).
o Victim’s own actions may break the chain if “daft”
(R v Roberts [1971] – jumping from car was foreseeable).
