Non Fatal Offences Cases Flashcards
What does Collins state about assault?
“An act which causes a person to apprehend the infliction of immediate, unlawful force”
What does Nelson state about assault?
D must do “something of a physical kind”
What cases are examples of actions from D that caused assault?
London - pointing a gun at V
Swain - coughing ‘theatrically’ during COVID
Which case is an example of phone calls as an assault?
Ireland - numerous silent phone calls to 3 women
Which case is an example of letters (words) being assault?
Constanza - 800 letters sent
Which cases are examples of when additional words can (or can’t) negate assault damage?
Tuberville - words negate damage
Light - words don’t negate damage
Which case links to apprehension in assault?
Lamb - if V does not apprehend act then it is not assault
Which cases are examples of when immediate means ‘imminent’?
Smith - standing outside Vs window
Ireland - silent calls - actions cannot be predicted
What does Collins say about battery?
“The infliction of unlawful force”
“Everyday jostles” do not count as battery
Which case shows that clothing worn by V can still count?
Thomas - touching hem of girl’s skirt
Which case shows that contact can become unlawful?
Fagan - when joined with MR car on foot became unlawful
Which cases exemplify battery committed with an implement?
DPPvK - sulphuric acid on hand dryer
Fagan - car
Which case exemplifies am omission as battery?
Santana-Bermudez - needle in pocket - owed duty to act and tell officer
How does Miller define ABH?
“Any hurt or injury calculated to interfere with health of comfort of V”
Which case shows that temporary unconsciousness can be ABH?
TvDPP
Which case shows that cutting off substantial hair can be ABH?
Smith (Michael) - cut off ex-girlfriend’s ponytail
What does Chan-Fook state about ABH?
‘actual bodily harm is capable of including psychiatric injury’
Which cases show that D didn’t need to foresee injury?
Roberts - girl jumped out of car
Savage - threw glass of beer
Which case says that wounding is ‘breaking the inner and outer skin’?
Eisenhower - air pistol caused GBH now wounding - no blood
Which case says that GBH = really serious harm?
DPP v Smith
Which case shows how injuries should be assessed in context of Vs age and health?
Bollom - 17 month old with bruises
Which case shows how an implement can be used to cause GBH?
Martin - metal pole across door
Which case shows that GBH can be psychological injury if serious enough?
Burstow - stalker before and after prison
Which cases exemplify biological GBH?
Dica- s.20
Rowe- s.18
Which case shows that D needs to have foreseen some damage for s.20 GBH?
Mowatt
Which case exemplifies that D must intend to cause level of harm for s.18?
Woolin
What case shows that D must have intended to cause really serious harm for s.18GBH?
Taylor
Which cause exemplifies resisting a lawful arrest?
Morrison - was not guilty - no intent
What did Collins state about unlawful arrests?
If arrest is not lawful, D can self defend
