Non-fatal offences: Cases and definitions Flashcards
What is the Actus Reus for assault?
An act which causes the victim to apprehend immediate unlawful force to the person means threatening to use force.
What is the Mens rea for assault?
Intention or recklessness to cause another to apprehend immediate unlawful force to the person means an assault can be committed recklessly or intentionally.
R V Ireland (1997)
a silent caller may be guilty of an assault depending on the material facts, it depends on the jury’s decision because she may fear the possibility of the immediate personal violence which forms the AR of the assault.
Smith v Chief of woking police station (1983)
yes, she did even though she couldn’t be precise about what she said: “I was terrified of what would happen next”.
Logdon v DPP (1976)
no intention of actually physically harming v. The D pointed an imitation gun at a woman in a joke, she was terrified, the D told her it wasn’t real but an assault had already been committed because at that moment she didn’t know.
R V Venna
The D indiscriminately kicks out but does not aim at a particular person, however, knowing there is the risk of danger.
What is the AR for battery?
Application of unlawful force. This means unwanted touch.
What is the MR for the battery?
Intention or recklessness to apply unlawful force. This means the D can be guilty where they intended the “touch” or were reckless.
Wilson v Pringle (1986)
Includes the slightest touching but not ordinary jostling of everyday life.
Collins V Wilcock (1984)
A battery is the actual infliction of unlawful force on another person “implied consent existed such as a handshake”.
Thomas (1985)
Touching the clothes while someone is wearing them is like touching them.
Lynsey and savage
Spit forms battery; beer forms battery.
DPP V K
Battery can be indirect such as booby trap.
What is the AR of section 20 non-fatal offence?
“Unlawfully and maliciously wounding or inflicting GBH on another person”
What is the MR of section 20 non-fatal offence?
“The intention to cause or be reckless as to the causing of some harm”
What is the AR of section 18 non-fatal offence?
“Unlawfully wound or cause GBH on another person”. (same as the S.20 AR)
What is the MR of section 18 non-fatal offence?
“Intent to cause GBH, or intent to resist or prevent the lawful detainer of any person”
C V Eisenhower (1984)
Pellets from D’s air gun caused bruising and rupturing of internal blood vessels of V’s eye, but there was no breaking of the skin (AR). There needs to be a break in the continuity of the whole skin for it to be classed as S.20 or S.18.
R V Bollom (2004)
The injuries to a 17-month-old baby consisted of various bruises and abrasions (AR). Vulnerable victim of GBH,
R V Brown and Stratton (1997)
V sustained a broken nose, lost three teeth, and suffered swelling to her face, lacerations to her eye and concussion (AR). This was multiple ABH which can be really serious harm.
R V Savage (1991)
D threw a pint of beer over V in a pub. The glass slipped out of D’s hand and cut V’s wrist (MR). It is sufficient that D intended or could foresee that some harm will result.
DPP V Smith
The definition of GBH is severe harm.
R V Parmenter (1991)
D injured his 3-month-old baby when throwing him in the air and suffered an injury. Supreme court said “no” as he didn’t foresee this as an injury.
