Non-fatal Offences Against The Person Flashcards
What act covers both Assault & Battery?
S.39 Criminal Justice Act 1998
What act covers Assault Occasioning Actual Bodily Harm?
A.47 Offences against the Person Act 1861
What act covers Unlawful & Malicious wounding or infliction of GBH?
S.20 Offences Against the Person Act 1861
What act covers GBH with intent?
S.18 Offences Against the Person Act
Logdon
D showed V a replica that would not fire but told her he would hold her prisoner until the money owed was returned. It was was held that even if harm couldn’t come to her it was enough that V had reasonable cause to fear that force was about to be inflicted to her. D was guilty of assault minimum.
Fagan v Met Police Comissioner [1969]
Assault is an act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
Constanza 1997
The defendant mounted a campaign of hate against an ex work collegiate over a period of 20 months by sending letters. Words alone are sufficient if it causes the victim to apprehend immediate unlawful violence.
Logdon 1976
D showed V a replica gun that would not fire and told her he would hold her prison without a return of his money. It was held he was guilty has V had reasonable cause to apprehend immediate unlawful violence.
Smith v Chief Superintendent of Working
The defendant was in a private garden at night & looked through Vs bedroom. She was terrified that he’d enter the house. The fear of violence just has to be in the immediate future.
What is the definition of Battery?
Battery is an act by which a person intentionally or recklessly inflicts unlawful personal violence on another.
Collins v Wilcock 1984
D refused to speak to a police woman. The WPC tried to restrain D. D scratched the WPCs arm and was charged with battery. She was held not guilty as everyday jostline isn’t enough to constitute battery
Haystead v DPP 200
D punched childs mother causing the mother to drop the child. It was held that defendant was guilty, as battery did not require the direct infliction of violence.
Santana Bermudez
D injured a woman police officer by allowing her to search him knowing he had needles in his pockets which stabbed her, He was held guilty as the risk of injury was foreseeable. An omission can amount to actus reus.
Wilson v Pringle 1984
D a school boy, in fun seized the bag over C’s shoulder, causing him injury and C sued for the tort of assault. It was held the act must be hostile touching to count..
R v Venna
D struggled with the police officers who were arresting him, he fell and lashed out wildy with his legs and fractured an officer. The offence of battery was satisfied as the defendant recklessly applied force to another.
What constitutes ABH? - R v Miller 1954
It was held that such hurt or injury calculated to interfere with the health and comfort of the victim. It doesn’t have to be permanent but must be more than transient and trifling,
DPP v Smith
D went home of his ex partner and cut off her pony tail with scissors. it was held to be ABH as harm was not limited to injury to the skin, flesh and bones and extended to hurt and damage.
Chan-Fook
D subjected V to questioning about the theft of a ring and then dragged V upstairs to a room and locked him in. It was held that actual bodily harm includes psychiatric injury but does not include emotions
R v Savage
D intentionally throw a beer at Vs. The glass left her hand and struct V causing a cut. It was held guilty of ABH even though she didn’t have the mens rea of the ABH she still had the mens rea of battery
What constitutes wounding & GBH?
Whoever shall lawfully & maliciously wound or inflict any grievous bodily harm upon any person shall be guilty of s.20.
JCC v Eisenhower
D shot V with an air gun, The pellet hit V near the eye, resulting in a bruise below the eyebrow and fluid filled the front of his eye. D was held not guilty of wounding as a wound is a break in the continuity of the whole skin and internal ruptures of blood vessels are not wounds.
Burstow
D followed V, telephoned her, wrote meaningful letters and called her at home. V suffered severe clinical depression as a result. It was held that inflicting psychiatric rather than physical injury is still GBH.
Dica 2004
D had sex with two women knowing he had HIV. Boh women got infected and he was held guilty of GBH.
Bollom 2004
D caused severe bruising to a child. It was held the age and circumstances of the victim were relevant in deciding iif the injury amounted to GBH.
