Non-Fatal Offences Against the Person Flashcards
Common Law offences against the person
- Assault
- Battery
Offences contrary to the Offences Against the Person Act 1861
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
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
Assault is a common law offence
DPP v Little
Punishment prescribed by s. 39 CJA
Assault definition
‘any act which, intentionally or possibly recklessly, causes another person to apprehend immediate and unlawful violence’
Lord Hope: Island and Burstow
AR of Assault
Defined in: Fagan
- any act
- which causes another person to apprehend
- immediate
- personal violence
Assault can be both an act of omission or commission
DPP v Santana Bermuda
Assault: ‘Any Act’
Can include words alone (R v Wilson) and Silence (R v Ireland)
Assault: ‘which cases another person to apprehend’
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)
Assault: Immediate
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)
Assault: personal violence
The fear must be of physical violence to the victim (Ireland)
MR: Assault
- Intention or reckless as to causing the full AR (Venna)
- Cunning recklessness applies (R v Parmenter)
Battery
A common law offence
‘The actual intended use of unlawful force to another person without his consent’ (Fagan)
Battery: Force (AR)
- 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)
MR: Battery
Intention Cunningham recklessness (Venna)
Assault Occasioning Actual Bodily Harm (ABH) s. 47: AR
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)
AOABH: level of injury
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)
AOABH: MR
Intention
Cunningham recklessness
Foresight no necessary (Savage)
Malicious Wounding or inflicting GBH
- wounding
- or GBH
- intention to commit an offence
MWGBH: AR
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)