Non-fatals Flashcards
What are the 4 non fatals, with section number
1) Common Assault and battery s39 CJA
2) Assault Occasioning ABH s47 OAPA
3) Wounding and GBH - s20
4) Wounding and GBH - s18
Define Assault;
Type of Offence, max sentence
D intentionally or recklessly causes the victim to apprehend immediate and unlawful violence.
No force need to be applied, V only has to apprehend personal injury.
Summary offences. Max 6 months.
Actus Reus of assault;
Define APPREHEND with POL and 2 cases
POL- The victim must be aware that violence will be carried out but does not actually have to fear violence.
LAMB - No apprehension so no offence.
LOGDON- Apprehension so there was an offence.
POL- The apprehension of violence must be against the V themselves not someone else.
Actus Reus of Assault
IMMEDIATE
IRELAND- In a minute or two;
(Phone call, text etc)
SMITH - fear of what D might do next was sufficently immediate;
(Face to face)
CONSTANZA - fear of violence at some time not excluding immediate future
(Words alone)
Define Unlawful Violence
Not consented to.
Men’s REA for assault.
- D must intentionally or recklessly cause V to apprehend immedizate unlawful violence - SAVAGE.
- Direct intent (MOHAN) or recklessly (CUNNINGHAM)?/
Pick one and APPLY.
Define Battery;
Type of offence, max sentence.
D intentionally or recklessly applies unlawful physical force to another.
Summary offence. Max 6 months
Actus Reus of Battery
POL- The slightest touch without the V’s permission will suffice for a battery - COLE V TURNER.
There is no need for a great force or any injury
OIR.
No harm need to be caused, touching clothes is enough - THOMAS
OIR - What classes as a battery?
Force applied indirectly - MARTIN & HAYSTEAD
Throwing liquid is enough - SAVAGE
Omission - DPP V SANTANA
Unlawful force BATTERY
No apprehension of fear necessary, just lack of consent to the feared.
Men’s Rea of a battery.
D must intentionally or recklessly inflict unlawful force on V - VENNA.
Direct Intent (MOHAN) or reckless (CUNNINGHAM) ?
Pick one and APPLY
OIR- D may be liable under transferred malice - LATIMER
Define Assault (or battery) ocassiooning ABH s47
Type of offence, max sentence?
With ABH, there has to be SOME SORT OF PHYSICAL OR PSYCHIATRIC INJURY caused by an assault or battery.
Either way offence. Max sentence 5 years.
Actus Reus of ABH (3)
1) ABH caused by assault or battery.
Find it in scenario and give the AR of it.
2) There must be SOME HARM. Definition from CHAN FOOK:
‘Harm not so trivial as to be insignificant’
3) Assault or battery must CAUSE the ABH.
Factual (WHITE) / Legal (KIMSEY)
OIR types of ABH (3)
ABH can be caused indirectly - DPP V K
Loss of consciousness - T V DPP
Cutting off V’s hair - DPP V SMITH
Men’s Rea of ABH
- D had to intentionally or recklessly commit the assault or battery - SAVAGE
Direct (MOHAN) or reckless (CUNNINGHAM) ?
-It is irrelevant that he didn’t want to cause harm
Define s20
Type of offence. Max sentence
Unlawfully and maliciously wound or inflict GBH
Either way offence. Max 5 years.
S20 Actus Reus
D wounds or inflicts GBH.
- Only define relevant one
Wound - break 2 layers of skin - EISENHOWER
GBH - serious harm - SMITH/SAUNDERS
Actus Reus s20 cont… (6)
- Biological GBH accepted - DICA
- GBH can include psychiatric harm - BURSTOW
- Severity of injury assessed based on age - BOLLOM
- GBH can be accumulated from small injuries - R V BROWN
- UNLAWFUL - simple lack of consent to the wounding/GBH
Men’s Rea of s20
Maliciously wound or inflict GBH
D either intended or was reckless about inflicting SOME harm - MOWATT.
Direct (MOHAN) or reckless (CUNNINGHAM) ?
Include transferred malice if relevant.
IF THE S2O COULD BE A S18 YOU MUST USE INTENTION
Define s18
Type of offence. Max sentencing.
Unlawful and malicious wounding or causing with intent to cause GBH.
Indictable offence. Max sentence is life.
Actus Reus of a s18
D wounds or CAUSES GBH.
Causation for s18
If possible break in chain do it before MR.
Men’s Rea for s18
P have to prove that D directly or had oblique intention to cause V GBH.
Recklessness would not suffice.
Direct (MOHAN) or Oblique (WOOLIN) ?
WOOLIN test to establish oblique?
- Was a wound or GBH a virtually certain outcome from D’s act?
- Did D realised that a wound or GBH was a virtual certain outcome from his act?
If yes to both, jury may infer intention.
