Non-fatal Offences Against the Person Flashcards
Define Assault
Defendant intentionally or recklessly causes victim to fear unlawful force.
AR of Assault
Victim must fear immediate unlawful personal violence.
MR of Assault
Intention to cause victim to fear use of unlawful force or recklessness.
Name one case regarding the AR of Assault
Smith V Chief Constable Woking (1983)
“immediate” means if the victim did not know what the defendant was going to do next.
Define Battery
Intentional or reckless application of unlawful force upon a victim.
AR of Battery
Requires application of unlawful force.
Name one case regarding the AR of Battery
Faulkner V Talbot (1981)
any touching can constitute to Battery, it does not need to be hostile.
MR of Battery
Intention to apply unlawful force or being reckless.
Name one case regarding the MR of Battery
DPP V K (1990)
Battery does not need to be direct. A boy put acid in a hand dryer, injuring the next person who used it.
AR of S47 Assault or Battery occasioning ABH
Assault or Battery causing actual bodily harm. Any injury (include bruises, grazes, scratches, loss of consciousness) can amount to ABH.
One case regarding the AR of S47
P V Chanfook (1994)
ABH can include psychiatric injury, cutting of hair.
MR of S47
Intention or recklessness with regard to the Assault or Battery.
AR of S20 Wounding and GBH
Requires defendant to unlawfully wound or inflict GBH on another person. GBH, grievous bodily harm, means serious harm.
Name one case regarding the AR of S20
C v Eisenhower (1984)
a wound means an actual cut of the skin causing external bleeding.
MR of S20
Defendant needs intention to cause or be reckless to cause some harm.
