Non-fatal Offences against the Person Flashcards
Definition of assault
Where the accused ‘intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence’ Fagan v MPC, confirmed in R v Ireland, Burstow
AR for assault
Apprehension of immediate and personal violence - defendant must cause victim to believe he can and will carry out the threat of force
No assault as victim did not fear possible infliction of violence
R v Lamb
If victim is caused to apprehend a threat, it is irrelevant that the defendant does not in fact have the means to carry out the threat
Logdon v DPP (fake gun)
Threat can be made by actions or words
R v Wilson
Silence can be an assault
R v Ireland, Burstow
Words can negate an assault
Tuberville v Savage
Threat of violence must be immediate = imminent
Smith v Superintendent of Woking Police
Ireland, Burstow
Victim must apprehend physical violence, NOT psychological harm
Ireland, Burstow
Mens rea for assault
R v Venna - intention or recklessness as to causing the victim to apprehend immediate and unlawful violence
R v Savage; Parmenter - Cunningham recklessness
Definition of battery
“The actual intended use of unlawful force to another person without his consent” Fagan v MPC; confirmed in Ireland
AR of battery
Application of force
Force includes the merest touching
Collins v Wilcock
Touching a person’s clothes whilst he’s wearing them equates to touching them
R v Thomas
Application of force need not be aggressive
Faulkner v Talbot
Force need not be applied directly
Haystead v DPP (D pushed woman holding baby = battery to baby)
DPP v K
Battery is the appropriate charge for…
Scratches, abrasions, minor bruising, swelling, reddening of the skin, superficial cuts, black eyes.
Prosecution charging standards - but only a guideline
MR for battery
R v Venna - intentionally or recklessly applied force to another person
Assault occasioning ABH
s47 OAPA
AR for Assault occasioning ABH
There must be an assault
The assault must occasion ABH (normal causation rules)
Assault = assault or battery. AR and MR for assault/battery must be satisfied
DPP v Little
Normal causation rules for occasioning ABH
DPP v Santana-Bermudez
Definition of ABH
R v Miller
‘any hurt or injury calculated to interfere with the health or comfort of the victim;. Hurt need not be serious or permanent, but must be more than transient and trifling
Momentary loss of consciousness oculd amount to ABH. Harm need not be transient and trifling, but could be one or the other
T v DPP
ABH includes psychiatric injury, but does not include mere emotions such as fear, distress or panic
R v Chan-Fook, confirmed in Ireland, Burstow
Cutting of girlfriend’s ponytail amounted to ABH
DPP v Smith
Prosecution Charging Standards - typical ABH injuries:
loss or breaking of teeth, temporary loss of sensory function, extensive or multiple bruising, broken nose, minor fractures, minor cuts requiring stitches
MR for Assault occasioning ABH
No MR for ABH required - only need MR for assault or battery
R v Savage; R v Parmenter
s20 - malicious wounding - must break both the dermis and epidermis (but wound need not be serious)
C (a minor) v Eisenhower
s20 - infliction of GBH
Normal causation rules apply - infliction means cause
It is possible to inflict GBH contract to s20 without an assault being committed
R v Wilson; R v Burstwo
Unprotected sex, knowing he was HIV positive = reckless infliction of GBH
R v Dica
GBH = serious harm
Saunders
Psychiatric injury may amount to GBH, but its cause and effect will need to be proved by expert evidence
Ireland
Jury should consider the effect of the injuries on the victim, taking into account age and health and totality of injuries
R v Bollom
Prosecution charging standards suggest that typical injuries amounting to GBH include
loss of sensory function more than minor permanent disfigurement, broken or displaced limbs, substantial loss of blood, injuries requiring lengthy treatment or incapacity, severe internal injuries, injuries resulting in severe disablement, whether temporary or permanent.
MR for s20
D must intend or be reckless as to the causing of harm
R v Mowatt - D need not foresee the gravity of the injury, merely that some physical injury, even minor, might result. Confirmed in Savage; Parmenter.
s18 OAPA AR
Wounding/causes GBH
s18 OAPA MR
D must actually intend to cause harm which amounts to GBH (even where the AR is a wound; intention to wound is insufficient). Not enough to foresee some harm.
s24 OAPA creates three different offences
R v Kennedy
Administer - D administers noxious thing directly to V
Causing to be administered - D causes an innocent party to administer it to V
Causing to be taken - D causes it to be taken by V himself
Spraying in face = administering
R v Gillard - administration designates any form of entry into the victim’s body
Poison, destructive or noxious thing broadly interpreted to include intrinsically harmless pills that become noxious in large quantities.
Noxious = hurtful, unwholesome or objectionable
R v Marcus
s24 MR
D must intend or be reckless as to administering the substance AND intend to injure, aggrieve or annoy
Intention to injure, aggreieve or annoy can be by the effects of the administration itself or of an ulterior motive (giving woman sleeping tablets to rape her)
R v Hill
R v Weatherall (searching through bag - not intention to injure, aggrieve or annoy)
AR s23
Administer, cause to be administered or taken any poison, destructive or noxious thing so as thereby to endanger life or inflict GBH
Heroin = noxious
R v Cato
s23 MR:
Defendant administered substance intentionally or recklessly. No need for intention/recklessness as to endanger life
