Non-Fatal Offences Pt 1 Flashcards
Types we cover
Harassment Assault Battery Assault Occasioning Actual Bodily Harm Malicious Wounding or GBH Wounding/Causing GBH with Intent
Assault:
D intentionally or recklessly causes V to apprehend imminent unlawful force
Punishment: Fine and/or 6 months
Assault: Actus Reus
D does something that causes V to apprehend imminent force.
R v Ireland: Gestures, words, silence. Need for immediacy
Read v Coker: Conditional threat
Logdon v DPP: doesn’t have to be in fear, just apprehend force
Assault: Mens Rea
D intentionally or recklessly causes V to apprehend imminent force.
Subjective recklessness - have to be aware of the risk
Battery
The intentional or reckless infliction of unlawful force
Punishment: Fine and/or 6 months
Battery: Infliction of force
Collins v Wilcock: everyday contact excluded
Faulkner v Talbot: touching without consent to lawful excuse. Need not be hostile or rude
Battery: Actus Reus
R v Lynsey: Actual touching not necessary. Spitting.
R v Ireland: Must be physical force. Psychological injury not permitted.
DPP v K: Can be indirect. Puts acid into hand dryer
DPP v Satnta-Bermudez: Can be omission if it’s a positive act.
Battery: Mens Rea
D intentionally or recklessly inflicts force
Assault Occasioning ABH
Offences Against the Person Act 1861, section 47
Punishment: 5 years
ABH: Actus Reus
R v Ireland: There must be an assault or battery
That assault/battery must have relevant MR and AR
R v Roberts: ‘occasioning’ means causation
DPP v Smith: Any hurt or injury that interferes with health. Comfort no longer enough.
R v Chan-Fook: ABH can include psychiatric injury
ABH: Mens Rea
D must have MR from assault/battery
R v Savage: D need not intend or be reckless as to ABH
ABH: CPS charging standards
- loss/breakage of teeth
- loss of consciousness
- multiple bruising
- minor non-superficial cuts
- broken nose
- minor fractures
- psychiatric injury
Malicious Wounding/ Inflict GBH
Offences Against the Persons Act 1861, section 20
Punishment: 5 years
GBH: Actus Reus
D must unlawfully wound to inflict GBH
R v M’Loughlin: Needs to be more than minor cuts. Needs a WOUND
DPP v Smith: “really serious bodily harm”
R v Grundy: bruising all over body could be GBH
R v Brown: Seriousness judged objectively
R v Ireland: Includes serious psychological harm. Inflict means cause.
GBH: Mens Rea
D maliciously wounds or inflicts GBH
R v Cunningham: Maliciously means intentionally or recklessly. Only need to foresee SOME harm
GBH: CPS Charging Standards
- permanent disability
- visible disfigurement
- broken limbs
- fractured skull, cheek, jaw, ribs
- substantial loss of blood
- substantial psychiatric injury
Wounding or Causing GBH with intent
Offences Against the Person Act 1861, s.18
Different from s.20 GBH as have to intend the serious injury.
Punishment: maximum life
GBH with intent: Mens Rea
In problem question start with s.18 but may only get s.20 if don’t have the mens rea.
R v Taylor: Need clear intention to cause GBH. Not just too wound.
Section 1 Harassment:
Protection from Harassment Act 1997
Section 1: Course of conduct on at least 2 occasions which amounts to harassment and D knows or ought to know amounts to harassment.
Punishment: 6 months
s.1 Harassment: Course of Conduct
Lau v DPP: the fewer occasions, and the wider they are spread apart, the less likely it would be to find harassment.
Kelly v DPP: can be phone messages (3 calls in 5 minutes)
R v Hills: No requirement for repeated acts to be similar
s.1 Harassment: Conduct amounts to harassment
King v DPP: distinguish between courting someone and harassing someone.
Hayes v Willoughby: “persistent and deliberate course of unreasonable and oppressive conduct… which is calculated to and does cause that person alarm, fear or distress”
s. 1 Harassment: Mens Rea
D knows or ought to know
R v Colohan: objective assessment
s.1 Harassment: Academic commentary
Gowland: argues we should distinguish between the mad, the bad, and the stalker
Section 4 Harassment
Section 4: “pursuing a course of conduct which causes another to fear on at least 2 occasions that violence will be used against them”
Punishment: Now max 10 years under Policing and Crime Act 2017
