Non fatals Flashcards by Amelia Sullivan

what is a technical assault

D must intentionally/subjectively recklessly cause V to fear (apprehend) immediate unlawful violence (personal safety)

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what’s the AR of TA

act/words that cause V to fear for their personal safety

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what can words also do (inc case)

negate an offence
tuberville v savage- D placed hand on sword ‘if it were not assize time I would not take such language from you’
NOT GUILTY
POL- words can prevent an offence also

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what’s the MR of a TA

intent/subjectiveky reckless to cause other to fear/apprehend immediate unlawful violence

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what are examples of TA

‘I’m going to kill you’
pointing a loaded gun
silent phone calls

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constanza
hint-letters

for almost 2yrs man followed woman home, made silent calls, wrote 800+ letters
GUILTY
POL-words can be an assault slog as V feared for personal safety

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smith v chief woking police station

a ‘peeping tom’ looked through Vs bedroom at night
GUILTY
POL- immently= near future, V feared for p.safety in near future

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logdon
hint - gun

D ha fake gun points it at V, V unaware fake
GUILTY
POL- V apprehends violence despite none occurring

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lamb
hint - 2 Ds

2 ds playing w gun, not know cylinder wasn’t locked and gun fired
NOT GUILTY
POL- no immediate violence was apprehended

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ireland

D made silent phone calls to women
GUILTY
POL- silence can amount to a TA

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what is a battery

when D intentionally/ subjectively recklessly applies unlawful force to another

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what’s the AR of a battery

some/ application of unlawful force
can be slightest of touchings
can be direct/indirect act
MUST BE VOLUNTARY

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what’s the MR of a battery

intentionally/ subjectively reckless to apply force

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examples of batteries

unconsentual touching, hitting

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collins v willcock
hint - police

2 police officers saw 2 women soliciting g asked them to get in car but walked off. police officer grabbed her arm
GUILTY
POL- slightest of non consentual touchings is a battery

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DVK
hint- acid

D took sulphuric acid from sci room, realised someone coming so put in hand dryer, person used hand dryer got acid burns
GUILY
POL- battery can be indirect

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Fagan

D unknowingly stopped his car on police foot, asked to move and refused
GUILTY
POL-battery can be a continuing act

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Thomas

skl caretaker touched the hem of female students skirts on 2 occasions
GUILTY
POL- touching w out consent is assault

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what is S20 defined

GBH
whoever shall unlawfully and maliciously wound/ inflict any GBH with/ without a weapon

what’s the AR of a S20

ulawfully wound or inflict GBH

what’s the MR of a s20

intend/subjectively reckless to do atleast some harm

what’s a wound
what doesn’t satisfy as a wound

continuous breaking of the skin (both layers) causing EXTERNAL bleeding
-internal bleeding w no cut=insufficient
-internal cut ie. cheek = sufficient

define GBH

serious harm
ie. permanent longterm injury/ injury requiring extensive treatment
-doesnt have to be life threatening

what is relevant when deciding if GBH is serious

Vs age and health

what does inflict mean

cause therefore causation rules apply

examples of GBH

psychiatric injuries passing on STIS combined injuries

eisenhower hint- eye

D hit V in eye with shotgun but it didn't penetrate the eye but caused server bleeding underneath the surface NOT GUILTY POL- not a wound , must break both layers of skin

bollom

17 month baby had bruising on abdomen, both arms and leg REDUCED TO S47 POL- Vs age and health are relevant when deciding seriousness of GBH

Bernstein

D carried out 8 month campaign of harassment silent phone calls, hate mail, stalking. V developed depression GUILTY POL- GBH can be severe mental illness

what is s18

cause serious harm (GBH) or wounding or resist arrest

AR of s18

unlawfully wound or inflict/ cause GBH

MR of s18

INTENT/ oblique intent to do serious harm or INTENT to prevent arrest

what is oblique intent

force GBH/ wounding was VIRTUALLY CERTAIN as a result of his conduct

Morrison hint- police

police enter to make arrest, D jumps out window and officer held on to him falling out with him GUILTY POL- D could forsee risk and resists arrest

nedrick hint- petrol

D drove to VS house poured petrol in letter box and ignighted it , V died GUILTY S18 AND MURDER POL- oblique intent, forsaw GBH vertually certain

what is s47

ABH reckless/intend to make V apprehend unlawful force/ to apply it

what's the AR of s47

an assault/ battery which occasions (causes) ABH

what's the MR of S47

reckless/intent to make V apprehend unlawful force/ apply it -is the MR of lower offence TA= apprehend unlawful force BATTERY= apply unlawful force

examples of s47

faint, bruising, scratches

what is ABH

any hurt or injury that interferes with the health or comfort of V

what does a s47 have to be more than

mere emotions

T V DPP

D and youths chased V, V saw D coming covered his head, D kicked V, V lost consciousness GUILTY POL- S47 charged when there's any injury

savage hint- beer

D threw beer over V glass slipped giving V minor cut GUILTY POL- MR for lower offence, here battery MR satisfied

DPP V smith hint- hair

D ex bf went to his house cut off her hair in his sleep GUILTY POL- cutting of hair amounts to ABH

Roberts

D attempted to make sexual advances to V in car, V jumped out window GUILTY POL- application of unlawful force

chanfook hint- ring POL- important

D locked V in room thought shed stolen his ring , V said felt afraid NOT GUILTY POL- must be more than mere emotions