Non-Fatal Offences (P1) Flashcards
What is the Actus Reus for assault?
To cause the victim to apprehend the threat of immediate, unlawful force by words, R v Constanza, actions, R v Smith or both R v Lewis
What is the Mens Rea for assault?
To intend or be reckless to making the V apprehend immediate unlawful force, R v Venna. The D would be subjectively reckless if he sees the risk his actions could cause fear but continues anyway.
What cases are used for assault?
R v Constanza (1997): 800 letters, phone calls and clear threats
R v Ireland: Silent phone calls
R v Lamb (1967): Pointing unloaded gun if person knows it is unloaded is NOT assault, however it is if the victim thinks it is loaded.
Smith v Chief Superintendent of working police station: Watched through window
Tuberville v Savage (1669): Placed hand on sword and threatened him but said he wasn’t going to immediately (NOT ASSAULT)
R v Light (1857): threatened wife and she was scared
What is the Mens Rea for battery?
Intentionally or recklessly makes any unlawful application of force to the body, Fagan v MPC.
What cases are used for battery?
Collins v Wilcock: Scratched officers arm as he unlawfully grabbed it
Wood v DPP (2008): Not guilty as he was entitled to free himself
DPP v K (1990): Boy left sulphuric acid in hand dryer and burnt someone (ABH) but works for assault and battery.
Fagan v MPC (1968): D accidently drove on feet, but refused to move
DPP v Santa-Bermudez (2003): Said nothing in pockets, but there was a needle and it stabbed someone.
A v UK (1998): Beat son with garden stick
What is the Actus Reus for battery?
Unlawful physical contact caused by direct touching, R v Thomas, or indirect touching, R v Martin. The injuries are merely trifling.
What Section is assault & battery in the Criminal Justice Act 1988?
Section 39
What is the first part of the Actus Reus for Actual Bodily Harm (ABH)?
The first part of the AR is either the AR of assault or battery:
ASSAULT - to cause the victim to apprehend the threat of immediate unlawful force by words, R v Constanza, actions, R v Smith or both R v Lewis.
BATTERY - unlawful physical contact caused by direct touching, R v Thomas or indirect touching, R v Martin.
What is the second part of the Actus Reus for Actual Bodily Harm (ABH)?
To cause actual bodily harm, set out in R v Chan Fook. Actual meaning more than insignificant and trivial, bodily meaning all parts of the body including brain and nervous system. R v Cox.
What is the Mens Rea for Actual Bodily Harm (ABH)?
Either the Mr for assault or battery:
ASSAULT - to intend or be reckless to causing the V to apprehend immediate unlawful force, R v Venna. D would be subjectively reckless if his actions could cause fear but he continues anyway.
BATTERY - intentionally or recklessly makes any unlawful physical application of force to the body, Fagan v MPC.
What cases are used for ABH?
R v Chan Fook: psychiatric harm
T v DPP: Momentarily loss consciousness
R v Savage: D threw beer at a woman in the pub, glass slipped from her hand and the victims hand was cut by it
DPP v Smith: Boyfriend had argument with girlfriend and cut her hair off
What Section is assault occasioning Actual Bodily Harm in Offences Against the Person Act 1861?
Section 47
What is the Actus Reus for Section 18&20 OAPA GBH
The AR for both offences is the same and can be a combination of 4 possible levels of harm:
1. Wounding which is the breaking of all layers of the skin, JCC v Eisenhower
2. Serious Physical harm such as a broken leg. A combination of minor injuries can
amount to GBH, R v Brown and Stratton. If the victim is vulnerable then the harm is
more likely to be serious, R v Bollom
3. Serious Mental Injury – Burstow
4. Biological injury-R v Dica
What is the Mens Rea for Section 20 OAPA GBH?
For S 20 the D must intend or be subjectively reckless to some harm occurring, R v Savage.
State which mens rea the defendant has.
What is the Mens Rea for Section 18 OAPA GBH?
For Sc 18 the D must intend to do GBH (interpreted to mean serious ham) to any person or
to resist arrest. R v Bryson
