Non-fatal offences against the person Flashcards
Bodily harm means physical harm and includes disease. Name a case law relating to this.
Dica (2005) - HIV
Bodily harm means physical harm and includes recognised psychiatric conditions, on the basis that they affect the central nervous system. Name a case law relating to this.
Ireland and Burstow
Bodily harm means physical harm, and DOES NOT include psychological symptoms
R v Dhaliwal
Bodily harm means physical harm, and includes cutting hair. Name a case law relating to this.
DPP V Smith
The leading case on consent and assault is
R v Brown
What is assault?
An assault is any act which a person intentionally or recklessly causes another to apprehend violence
What is battery?
A battery is an intentional touching of another person without the consent of that person and without lawful excuse
Which case stated that battery need not be hostile, or rude, or aggressive and which case argued against this
Faulkner v Talbot stated that battery need not be hostile, or rude or aggressive to prove battery. Brown contradicted this by saying that hostility is a necessary ingredient.
R v B (2013)
Conclusive consent. Hostility and consent - everyday touching?
What is the AR and MR of battery?
The actus rea of battery is inflicting personal violence and the mens rea is intention/reckelssness as to application of force on V’s body
R v Konzani
Consent needs to be informed. Konzani was HIV positive and aware of his condition. He had unprotected sex with three people and as a result was charged with GBH.
R v Farrar
D kidnapped a child, blindfolded him, tied him to a chair and masturbated till he ejaculated on them - this was touching
Dpp v k
A school boy hid acid in the hand-dryer at a school. This amounted to ABH
R v Barnes
D had inflicted a serious leg injury upon the victim whilst attempting to make a sliding tackle during a football match. He was convicted with GBH. When is it appropriate for criminal proceedings to be brought when an injury is caused to one player in a sporting event. Generally, consent is no defence to a charge of bodily harm.
R v Dhaliwal
The defendant had verbally abused his wife for many years. The wife committed suicide as a result of this abuse. The defendant was not legally liable for his wife’s death. Whilst mental harm by way of a recognised mental condition can be classed as harm, mere emotions are not enough to qualify. The defendants wife did not commit suicide as an immediate and reasonable response to the abuse but acted voluntary.
Collins v Wilcock
A police officer grabbed a woman by the arm and scratched her. The police officer was acting outside the scope of his powers and he had no power to arrest the woman in that situation and therefore, was outside the scope of his duties as a police officer. This resulted in the held of unlawful assault (battery) by the police officer grabbing him.
ABH
Assaults which are described as ABH cause injuries which are serious but don’t cause serious permanent damage to the victim. The crown prosecution service suggests any injury which affects the victim’s health or comfort can constitute ABH, as long as it is provable.
GBH
GBH means causing really serious injuries which severely affect the health of the victim
Compare ABH and GBH
Unlike ABH, with GBH there is a question of intent.
Wounding
The crime of wounding with intent is created by s18 of the OAPA 1861. The definition creates four forms of the offence: unlawfully and maliciously wounding with intent to either do gbh or resist arrest and unlawfully and maliciously casing gbh, with intent to either do gbh or resist arrest.
Hughes on OAPA
Hughes said that condom used should be a defence in cases where the individual is infected
Tolmie J on OAPA
Tolmie J said that you should be able to consent to harmful assaults - moving away from category based decision making and more towards the right for the individual
Law Commission Proposals
Law commission stated that there is a need for a more structured and more logical clarity. That there is no logical hierarchy at the moment and lots of overlap
Lord JC Smith stated that the OAPA is
“a ragbag of offences”
Smith and Saunders describe GBH as
“a really serious harm”
Moriarty v Brookes
“wound that breaks the whole of the skin”
