Non- Fatals Flashcards
What is an assault?
An assault is where the D ‘intentionally or recklessly causes the V to apprehend immediate unlawful violence’
What statute is an assault charged under?
S.39 Criminal Justice and Immigration Act 1988
What does the case of constanza tell us?
Letter can constitute an assault
What does the case of Ireland tell us?
Silent phone calls can constitute an assault
What does ‘apprehend’ mean?
Apprehend is not fear but believe. This does not have to be a rational belief so long as it is honestly held.
What case defines ‘apprehend’?
Lamb
What does immediate mean?
Immediate does not mean instantaneously but imminent
What case defines immediate?
Smith v Woking Police Station
When may an assault be lawful?
If the V gives genuine consent, if it is used in self-defence or the prevention of crime.
What is the mens rea for an assault?
The MR for an assault is ‘intentional or recklessness’ as to causing the V to apprehend immediate unlawful violence.
What is a battery defined as?
A battery is ‘intentionally or recklessly applying unlawful force to another’
What statute is a battery charged under?
S.39 Criminal Justice and Immigration Act 1988
What is ‘force’ defined as?
‘force’ is any touching that the V does not consent to, it must be more than everyday touching.
What does the case of Thomas tell us?
Even touching the victims clothes can be a battery
What does the case of Fagan v MPC tell us?
A battery can be committed through a continuing act
What is S.47 ABH?
‘any assault or battery which causes actual bodily harm’
What statute is S.47 held under?
S.47 Offence Against the Persons Act 1861
What is the AR for S.47 ABH?
The AR of the assault or battery
what is ABH defined as?
‘any hurt or injury calculated to interfere with the health or comfort of the victim’
What is the MR for S.47 ABH?
Intention or recklessness as to the assault or battery
What is S.20 GBH defined as?
Intention or recklessness as to causing ‘some harm’
What case demonstrates ’some harm’ ?
Smith; Saunders
What is wounding defined as?
‘any break in the continuity of the skin’
What case defines wounding as ‘any break in the continuity of the skin’?
Eisenhower
What does the case of Dica tell us?
STI’s can be S.20 GBH
What is the MR for S.20 GBH?
intention or recklessness as to causing some harm
What statute is S.18 GBH held in?
S.18 Offence Against the Person Act 1861
What is the MR for S.18 GBH?
Intention to cause serious harm
What does the case of Morrison tell you about resisting arrest?
‘a person who intends to resist or prevent arrest, and has intention or recklessness as to causing a wind or injury can also be liable for S.18 GBH’
What case tells us that a conditional threat is sufficient for an assault?
Read v Coker
What does the cases of Tuberville v Savage; Light tell us?
If there are words indicating that there will be no violence then this may prevent it from being an assault
What case tells us that ‘force’ must be more than everyday touching?
Collins v Wilcock
What does the case DPD v K tell us?
A battery can be an indirect act
What is the MR if a battery defined as?
The MR of a battery is intention or recklessness as to the application of unlawful force
what case tells us that ABH is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’?
Miller
What is psychiatric injury defined as?
Must be more than mere emotions such as fear, distress or panic
What does the case of T v DPP tell us?
ABH includes momentary unconsciousness
WhT case defines psychiatric injury?
Chan Fook
What case tells us that S.20 GBH includes serious psychiatric injury?
Burstow
