Non Fatal Offences Cases Flashcards
Defendant A went to defendant B’s workshop over a business dispute and was threatened by a group of men. Defendant B walked towards him and rolled up his sleeves.
Read V Coker
Used as precedent for gestures being assault
Defendant would call women and breathe heavily down the phone and say nothing. As he made these women feel danger he was guilty of assaulting them.
R V Ireland
Used for silence being assault
Defendant wrote over 800 letters to a woman, as well as writing on her door and driving past her house
R V Constanza
Used for written words being assault
Defendant A and B were having a dispute in the 1600s. Defendant A said to defendant B that if the judge was not here he would kill him. The judge said this was not assault because the condition was not met so there was no imminent threat
R V Tuberville v Savage
Used to show assault does not count when using ‘if’ and naming a condition which is not met
Established that immediate does not have to mean instant threat
Smith V Chief Constable of Woking
The threat can be for the near future
Defendant used a fake gun to intimidate his victim, the judge decided that even though the gun was fake so there was no imminent threat, the fear was real and therefore an assault
Logdon vs DPP
The victim just has to feel there will be violence in the near future no matter if what they are scared of is fake
Defendant was a caretaker at a school. He touched the skirt of a young girl at the school.
R V Thomas
Used to show even the slightest touch is a battery
Defendant grabbed a bag off of the victims shoulder and the victim filed for a battery. The judge ruled the actions were not hostile
Wilson v Pringle
The actions of the defendant have to be hostile; unwanted and aggressive
Friendly handshakes or slaps on the back or bumping into someone a bit on the street or contact sports are not battery
Collins v Wilcock
To be a battery the actions have to be above everyday/ordinary jostling
Defendant stole some acid from the science lab in his school. He hid this acid in a hand dryer in the toilets which was then used and sprayed acid onto the person who used it.
DPP v K
Used to show battery can be committed via an object
The case gave the definition of ABH, however the definition is general and not used often.
R V Miller
Describes ABH as “any substantial hurt or injury caused that impacts the health or comfort of the victim”
Defendant had a tenant living in his house and he noticed his wife’s wedding ring was missing. He got angry and assumed the tenant did it. He locked the tenant in their room. The tenant got scared and threw themselves out the window to escape. Prosecution used the fear of the tenant to push the case and lost
R V Chan-Fook
Must use recognised medical conditions not “mere emotions”
Defendant cut off girlfriends hair (her ponytail) when she was not looking
DPP v Smith
Cutting off a substantial amount of someone’s hair without their consent can amount to and ABH
Defendant was in a bar when she saw her ex husband with a new girlfriend. She was angry about this so decided to buy a beer and pour it over the new girlfriend. Instead she accidentally threw the glass at the girlfriend. Defendant argued as she only intended to throw the drink she does not have the mens rea for an ABH.
R V Savage
If you have the men’s rea for assault or battery then it can be transferred to an ABH
Defendant scared victim so he ran and tripped over temporarily losing consciousness
T V DPP
Ruled that temporary loss of consciousness is an ABH