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Criminal Law > Non-Fatal Offences Against the Person > Flashcards

Non-Fatal Offences Against the Person Flashcards

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1
Q

Common Law offences against the person

A
  • Assault

- Battery

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2
Q

Offences contrary to the Offences Against the Person Act 1861

A

s. 47: Assault occasioning Actual Bodily Harm
s. 20: Unlawful wounding or inflicting GBH
s. 18: Causing GBH with unlawful or malicious intent
s. 24: Administering a noxious substance so as to injure, aggrieve or annoy.
s. 23: Administering a noxious substance so as to kill or cause GBH

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3
Q

s. 47

A

Assault occasioning Actual Bodily Harm

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4
Q

s. 20

A

Unlawful wounding or inflicting GBH

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5
Q

s. 18

A

Causing GBH with unlawful or malicious intent

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6
Q

s. 24

A

Administering a noxious substance so as to injure, aggrieve or annoy

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7
Q

s. 23

A

Administering a noxious substance so as to kill or cause GBH

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8
Q

Assault is a common law offence

A

DPP v Little

Punishment prescribed by s. 39 CJA

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9
Q

Assault definition

A

‘any act which, intentionally or possibly recklessly, causes another person to apprehend immediate and unlawful violence’
Lord Hope: Island and Burstow

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10
Q

AR of Assault

A

Defined in: Fagan

  • any act
  • which causes another person to apprehend
  • immediate
  • personal violence
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11
Q

Assault can be both an act of omission or commission

A

DPP v Santana Bermuda

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12
Q

Assault: ‘Any Act’

A 
Can include words alone (R v Wilson)
and Silence (R v Ireland)
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13
Q

Assault: ‘which cases another person to apprehend’

A

Apprehend: ordinary english meaning of ‘understand’ or ‘perceive’

  • there can be no assault if the victim did not perceive the threat (R v Lamb)
  • it is irrelevant whether the defendant is actually able to carry out the threat (Logdon v DPP)
  • Words spoken may negate an assault (Tuberville v Savage)
  • Silent telephone calls and heavy breathing were capable of causing an apprehension of violence (Ireland and Burstow)
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14
Q

Assault: Immediate

A

Closer than ‘any future time’ (Turberville)
Can be fear of ‘imminent’ violence (Ireland)
- can be where the apprehension of violence extended over a longer period (Constanza - harassment for 2 years)

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15
Q

Assault: personal violence

A

The fear must be of physical violence to the victim (Ireland)

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16
Q

MR: Assault

A
  • Intention or reckless as to causing the full AR (Venna)

- Cunning recklessness applies (R v Parmenter)

17
Q

Battery

A

A common law offence

‘The actual intended use of unlawful force to another person without his consent’ (Fagan)

18
Q

Battery: Force (AR)

A
  • Can include any touch (Collins v Wilcock)
  • includes through clothes (Thomas)
  • No hostility is required (Faulkner v Talbot)
  • Can be indirect (DPP v K: missile)(Haystead: dropping baby)
  • It is a continuing act, so can include a deliberate failure to remove a force (Fagan)
19
Q

MR: Battery

A 
Intention 
Cunningham recklessness (Venna)
20
Q

Assault Occasioning Actual Bodily Harm (ABH) s. 47: AR

A

There must be an assault or battery causing ABH
Any hurt or injury calculated to interfere with the health or comfort of the victim (R v Miller)
- can include psychological injury (R v Chan Fook)

21
Q

AOABH: level of injury

A

May not be so trivial as to be wholly insignificant (R v Chan Fook)
Can include the loss of consciousness (T v DPP)
The cutting of hair can amount to ACH (DPP v Smith)
Can include psychological harm (Ireland v Burstow)

22
Q

AOABH: MR

A

Intention
Cunningham recklessness
Foresight no necessary (Savage)

23
Q

Malicious Wounding or inflicting GBH

A
  • wounding
  • or GBH
  • intention to commit an offence
24
Q

MWGBH: AR

A

Wound: both layers of skin
- bruising is not enough (C (a minor) v Eisenhower)
GBH:
- serious harm (Saunders)
- really serious bodily harm (DPP v Smith)
- many smaller injuries could together (R v Bollom)
- Transmission of HIV (Dica)
- Transmission of Herpes (Goulding)

25
Q

MWGBH: MR

A

Maliciously

  • intention or Cunningham recklessness to cause some harm
  • not necessary to cause the specific serious harm (R v Grimshaw)
  • There must be an intention to commit an offence e.g. to resist arrest (Savage)
26
Q

Wounding of Causing GBH with Intent (s. 18)

A
  • Subject to life imprisonment

- Only difference between GBH and murder is the V dies

27
Q

WoGBH with intent: AR

A

Wound - both layers of the skin (C v Eisenhower)
GBH - really serious bodily harm (DPP v Smith)
Causing
- not clear in academic commentaries but for all intents and purposes it is the same as ‘inflicting’
- must make out factual and legal causation

28
Q

WoGBH with intention: MR

A

Intention to cause GBH

- not just ‘some harm’

29
Q

Maliciously Administering Poison so as to Endanger life of Inflict GBH: AR

A

Administer
- also includes ‘cause to be administered/taken’ (R v Kennedy)
Poison or other destructive or noxious thing.
- noxious means something ‘liable to injure in common use’ (R v Cato)
To endanger the life of such person
- discussion of causation.

30
Q

Maliciously Administering Poison so as to endanger life or inflict GBH: MR

A

Maliciously

  • intentionally or Cunningham recklessly
  • no need to intend specifically to endanger life/ inflict GBH
  • D intended to administer/ be reckless about the simple act of administering itself.
31
Q

Administering Poison so as to aggrieve, injure or annoy: AR

A

Administering:
- also includes ‘cause to be administered/taken’ (Kennedy)
- all that is needed is for the poison to come into contact with the body (Gillard)
Poison
- something that is ‘hurtful, unwholesome or objectionable’ (R v Marcus)
- Less strict than in Cato

32
Q

Administering Poison so as to aggrieve, injure or annoy: MR

A

Maliciously
- intentionally or recklessly administering (Cunningham)
Intent to injure, aggrieve or annoy
- e.g. tear gas stinging eyes or a sleeping drug and then committing a sexual assault.

33
Q

Most fights will be unlawful regardless of consent

A

AG’s Reference No. 6 1980

34
Q

Consent is only a defence to common law assault and battery.
Where harm is intended and caused, consent is no defence at all unless it fits within a legitimate public policy exception.

A

Brown

35
Q

Consensual activity in a heterosexual marriage was allowed, but only where the level of harm was not in excess

A

Wilson

Burning Breasts was excessive (Emmett)

36
Q

Transmission of HIV can be consensual if there is informed consent

A

Kanzani

But liable if not consensual (Dica)

37
Q

Unlawful bodily modifications were off no such social utility and contained a high risk of harm and should not be permitted even with consent.

A

R v BM

38
Q

In relation to consent in sports

A

Have to ask the jury (Barnes)

  • Was there sufficiently grave conduct to be categories as criminal?
  • Was it in the heat of the moment?
  • Was it unreasonable risk-taking?
  • the type and the level of sport?
39
Q

Consensual rough horseplay?

A

Consensual rough horseplay is allowed
Spinal injuries from birthday bumps (Jones)
Set on fire at an RAF initiation ceremony (Atkin)

Criminal Law (7 decks)

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