Non-Fatal Offences Against the Person Flashcards
Statutory Basis: Wounding/ Causing GBH intentionally
S. 18 Offences Against the Person Act 1862
Statutory Basis: Wounding/ Inflicting GBH maliciously
S.20 Offences Against the Person Act 1862
Statutory Basis: Assault occasioning ABH
S.47 Offences Against the Person Act 1862
Statutory Basis: Common Assault and Battery as summary offences
S.39 Criminal Justice Act 1988
R v Venna
Common Assault
Something done by D that intentionally or recklessly causes V to apprehend immediate and unlawful personal violence
R v Ireland, R v Burstow (Common Assault)
D made silent phone calls mostly at night. V suffered mental illness as a consequence of the fear generated by D
HL held words were capable of being assault, and silence could be the equivalent of words constituting an assault
Imminence requirement: fear of the possibility of imminent violence
Constanza
Assault: Imminence requirement
Imminence could mean fear of violence at some time not excluding the immediate future.
Fear would not be valid if it was clear nothing would happen in the immediate future
Faulkner v Talbot
Battery
The act does not have to be rude, hostile or aggressive
Collins v Wilcock (Battery)
Battery
No need for any perceptible harm or injury to the victim
K (Divisional Court)
Battery: No need for direct force
Schoolboy hid corrosive chemicals in a hand dryer. Injured the next person to use it.
Held this was a case of battery
Santa-Burmudez
Battery: No need for a positive act
Officer searched D for drugs. Asked if he had any needles on his person, he said no.
When she searched him she got stabbed by a needle in his pocket
Court adopted Miller type analysis that D had created a dangerous situation
Actus Reus of assault occasioning ABH
- A technical assault (Satisfaction of AR for common assault/ battery)
- The technical assault leads to a higher level of harm (ABH)
Miller
Assault occasioning ABH: AR
Any hurt or injury that is calculated to interfere with the health or comfort of the victim
Actual Bodily Harm: CPS Guidance
Should charge s47 where the injuries and overall circumstances indicate the offence merits the longer prison sentence and is unsuitable for summary trial
Chan-Fook
Assault occasioning ABH: AR
Can apply to psychological injuries if they are:
established my medical evidence and
are recognised medical conditions
Savage; Parmenter
Assault occasioning ABH: MR
Constructive: Do not have to foresee or intend the actual bodily harm provided you can prove intention/ recklessness as to the the technical assault
Moriaty and Brooks
Wounding/ Inflicting GBH maliciously: AR
Wound: Must be a puncture of the whole skin so as to cause true bleeding