Non fatal offences cases Flashcards
gestures/actions can be an assault
Read v Coker
Silence or spoken words can be an assault
R v Ireland
written words can be an assault
R v Constanza
words can cancel out a threat
Tuberville v Savage
v can still apprehend force even if d cannot use force
DPP v Logdon
immediate, legally ‘near future’
Smith v CCoW
Direct intention
R v Mohan
Recklessness
R v Cunningham
force can be the (s)lightest touch
R v Thomas
hostile, normal jostling of every day life
Wilson v Pringle
Force can be applied by continuing act
Fagan v MPC
force can be applied indirectly through e.g. via object
DPP v K
force can even be applied by an omission but only where D has a duty to act and failed to perform it
DPP v Santa Bermudez
ABH hurt or injury interfere with health and comfort of the victim
R v Miller
ABH means harm cannot be so trivial to be wholly insignificant
psychiatric harm can be ABH
R v Chan-fook
cutting of a persons hair can be ABH
DPP v Smith
even a short loss of consciousness can be ABH
DPP v T
just need mens rea for asssault or battery
R v Savage
wound is a cut which goes through two layers of outer skin
JCC v Eisenhower
definition of GBH
DPP v Smith
GBH can be psychiatric
R v Burstow
GBH can be biological harm
R v Dica
GBH can be accumulation of minor injuries
R v Brown + Stratton
GBH can be comitted indirectly
R v Martin
s.18
R v Belfon
s.20
R v Mowatt
Age, health and frailty are factors for GBH
R v Bollom
