Non - Fatals Flashcards
Assault
s.39 Criminal and Justice Act 1988
Definition: intentionally or recklessly causes the victim to apprehend immediate and unlawful violence
AR of assault (APPREHEND)
The victim must be aware that violence will be carried out but does not actually have to fear violence
Case: Lamb - V & D didn’t apprehend infliction of violence, playing with the gun
Case: Logdon - D as a joke pointed a gun at the V who was terrified, V apprehended violence
The apprehension of violence must be against the V themselves not someone else
AR of assault (IMMEDIATE)
Traditionally said that the V must fear the immediate infliction of force; fear that force may be applied sometime in the future would not be sufficient
Case: Smith - D stood in V’s garden looking at her through the window at night, held GUILTY. It was enough that the woman believed that she was in danger of having immediate violence inflicted upon her
Case: Ireland - repeated phone calls, held GUILTY
PoL - calls might lead to the V to fear the possibility of personal violence “in a minute or two”
Now ‘immediate’ no longer means instantaneous.
Can words alone constitute an assault?
Yes
Case: Constanza D posted 800 letters to V, held GUILTY (knew where she lived)
caused a “fear of violence at some time not excluding the immediate future”
Negative assault
Case: Savage
“If it were not assize time I would not take such language from you” - NOT an assault
e.g. ‘If you weren’t wearing your glasses I’d…..’
Unlawful violence (assault)
Generally, a lack of consent to the feared violence will make it unlawful
MR of assault
Stated in Savage:
D intends (Mohan) to do such an act or is reckless (Cunningham) causing the V to apprehend immediate unlawful violence
D intentionally or recklessly commits the AR of assault
Battery
s.39 Criminal Justice Act 1988
Definition: D intentionally or recklessly applies unlawful physical force to another
AR of battery (FORCE)
Does not have to mean violence, a touch would suffice
Case: Cole V Turner
The slightest touch without the V’s permission will suffice for a battery
There is no need for a great force or any resulting injury
Case: Thomas
The rubbing of a girl’s skirt was held to amount to a battery
Battery - Indirect AR
Case: Martin - D put an iron bar across the exit of a theatre and shouted ‘fire’, held GUILTY
Case: Haystead - D punched a woman who was holding a baby, baby fell and hit its head on the floor, held GUILTY
Unlawful violence (BATTERY)
A lack of consent to the force will make it unlawful
Can be committed by omission
Case: Santana - D said no when asked by a policewoman if he had any needles on him
MR of battery
when D intentionally or recklessly applies unlawful force
Case: Venna - it is the intention to apply force to another or recklessness as to whether such force is so applied
May be liable under transferred malice
Case: Latimer - D intentionally hit A with his belt but accidentally hit B
ABH
s.47 OAPA 1861
Definition: Assault occasioning actual bodily harm
Clear that with ABH there has to be some sort of physical or psychiatric injury caused
AR of ABH
- must be established that the V was subject to either a common assault or battery (define relevant one)
- as a result of the assault or battery there must be ‘actual’ bodily harm (SOME HARM)
Case: Chan Fook - ‘the injury should not be so trivial as to be insignificant’ - the assault or battery must have occasioned the ABH
Case: Roberts
(Causation)
Case: DPP V K (acid in face)
Loss of consciousness, even momentarily was her to be ABH
Case: T V DPP
Case: DPP V Smith - cutting a substantial amount of the V’s hair can amount to ABH
MR of ABH
Intend or reckless towards an assault or battery
Case: Savage - woman went to throw a beer over her husbands’ new girlfriend but accidentally let go
D clearly had the intention to apply unlawful force (commit the battery) when she threw the drink
MR of an assault or battery
