Non-Fatals Flashcards
What are non fatal offences?
Defined under the Offences Against the Persons Act 1861, though the 2 most minor offences (assault and battery) are defined by common law SO LARGE BODY OF CASE LAW
What are the main offences in non fatals?
Assault, battery, ABH S47, GBH/wounding S20, GBH/wounding with intent S18
They overlap a great deal
What is plea bargaining?
Hierarchical relationship between offences is important as plea bargaining can happen, it is an agreement between defence and prosecution that the charge will be reduced if D pleads guilty - not an official system
What is assault defined as under the common law?
Where any defendant causes the victim to apprehend the immediate application of unlawful force
Explain the case Logdon v DPP 1976… (assault)
D pointed gun at v as a joke, she was scared until he said gun was a replica, this was still enough for a conviction of assault
What does apprehend not necessarily mean?
Fear, they do not have to be scared, they only have to believe the D is about to apply some unlawful force
What does the threat in assault have to be?
Immediate - a threat that they will use force in the future will not be an assault
Explain the case Smith v Chief Superintendent of Working Police Station 1983… (assault)
D was standing in V’s garden at 11pm watching her getting ready, defence argued there was no immediacy but the court held as far as the v was concerned the threat was immediate
Explain the what was held in the case R v Constanza 1997… (assault)
HOL said it is sufficient for the prosecution to prove an apprehension of force at SOME time, not excluding the immediate future
What else can be an assault?
Words - R v Ireland 1997 HOL ruled even silent phone calls can amount to an assault
What else can words do in an assault?
Words can also negate an assault, by saying you’re not going to do something NOW
Tuberville v Savage 1669 - D put hand on sword and said he was not going to hurt the v because the court was in town
What does force mean in assault?
Not just violence, anything could be seen as a force
What mens rea is needed to be convicted of assault?
D needs to intend to cause V to think they will inflict force on them or is reckless as to whether the V will believe that. D must realise the risk that the V could believe that
What is the actus reus for battery?
The D actually applying unlawful force to the V - can happen without an assault
What kind of force can amount to a battery?
Any unlawful physical contact, no need to prove harm or physical pain
What was held in R v Thomas 1985? (battery)
Even touching a womans skirt could be a battery
Can force be applied indirectly in battery?
Yes, in R v Martin 1881 - iron bar up against doors of a theatre, lights out and shouted fire - some people seriously injured in the panic, he was convicted
R v Haystead 2000 - man punched a woman holding a baby and she dropped baby, he was convicted
What was held in Wilson v Pringle about the nature of a battery?
Application of force must be hostile
What are some examples of minor injuries that COULD lead to a conviction of battery in the CPS charging standards?
Grazing, scratching, minor bruising, swellings, black eye etc
Battery can be committed by an omission, which case illustrated this?
DPP v Bermundez 2004 - police being stabbed by needle in D’s pocket during stop and search
What is the mens rea for battery?
D intends to or is reckless as to the application of force applied to V - confirmed in R v Venna 1979
What sort of offence is ABH, S.47?
Triable either way offence, max sentence is 5 years imprisonment
What is the actus reus for ABH?
Prosecution must prove that there was an assault or battery, and it CAUSED the actual bodily harm
What does the word occasioning mean?
Causing
What did the courts state in Miller 1954 about ABH?
ABH includes hurt or injury calculated to interfere with the health or comfort of the victim
Does the injury in ABH have to be permanent?
No, it was said in R v Chan-Fook 1994 that the injury just must be so trivial as to be wholly insignificant’
What case illustrated that even cutting someones hair could result in an ABH conviction?
DPP v Smith 2006 - cut off girlfriends ponytail without her consent
What can also be accounted as a result of ABH?
Psychological injury can also be ABH - Chan-Fook 1994 “there will have to be a clinically recognised condition for ABH to apply not just emotions such as fear or panic”
What examples do the CPS charging standards give about ABH?
Loss or breaking of teeth
Loss of consciousness
Extensive/multiple bruising
Minor fractures etc
What is the mens rea for ABH?
Exactly the same as assault or battery - D does not have to intend or even be aware of any risk of harm
What was the D in R v Roberts 1978 convicted of?
ABH when he made sexual advances to a girl in his car and she threw herself out, suffering a broken arm
Explain the case R v Savage 1992… (ABH)
D went into pub and saw husbands new girlfriend, threw a pint of beer over her but glass slipped and cut her wrist, this was enough for S.47 conviction
What is the actus reus for a s.20 conviction of wounding/GBH?
D has to either wound or inflict GBH to the V, does not have to intend too for this conviction, max sentence 5 years
SAME AS ABH - HARSH??
What does wounding mean?
Breaking the surface of the skin, internal bleeding is not a wound
in Wood 1830 D broke V’s collar bone but as the skin was still in tact he could not be guilty of wounding
What case illustrates that not breaking the skin cannot be wounding in S.20?
JCC v Eisenhower 1984 - V hit in eye with shot gun pellet, caused internal bleeding rupturing blood vessels but as there was no cut it was GBH not wounding
What was held in DPP v Smith 1961 about GBH?
it means “really serious harm”
What do the courts take into account about the V in a S.20 GBH conviction?
The characteristics of the victim, such as age which may mean harm is more serious for them
R v Bollom 2003 - V was 17 month old child suffering bruising and abrasions to body arms and legs, court ruled it was GBH considering her age and frailty
What else can be accepted as GBH in the case R v Dica 2004?
Biological harm - D infected 2 women with HIV when he failed to tell them he had been tested positive
Explain the case R v Burstow 1997… (GBH S.20)
D obsessed with woman at work, stalked her, damaged her car, silent phone calls, hate mail, stealing her underwear, she suffered severe depression as a result
Court held he was guilty as the D’s actions led to the consequence of this type of GBH
What are some examples from the CPS charging standards on GBH S.20?
Injury resulting in permanent disability
Compound fractures
Injury resulting in disfigurement
Psychiatric injury etc…
What is the mens rea for a S.20 offence of GBH/wounding?
D must either intend to cause some harm or be subjectively reckless (R v Cunningham 1957)
Explain the case of R v Parmenter 1991… (S.20 MR)
D threw 3 month old baby into the air and caught him causing serious injuries to babies legs - D DID NOT REALISE THIS MAY CAUSE SOME INJURY SO HIS CONVICTION WAS QUASHED
What must the D only be aware of for a S.20 offence?
The risk of SOME harm - R v Grimshaw 1984, D heard someone insult her boyfriend so pushed a glass into his face, conviction upheld as she would have foreseen the risk of SOME harm
What is the actus reus for a S.18 conviction of GBH?
Same as S.20
What is the mens rea for a S.18 conviction of GBH?
Intent must be proven
Explain what was held in R v Nedrick 1986… (S.18 GBH)
Jury can decide is he intended the harm if he was virtually certain that it would occur as a result of his actions
What 2 types of intention can be proven in a S.18 conviction?
Direct - maliciously wound or cause GBH
Indirect/oblique - D must be reckless as to prevent the lawful apprehension or definition of any person (stopping yourself or someone else getting arrested)
What is the max sentence for a S.18 conviction?
Life
What did the law commission stress in terms of non fatal offences?
The need for reform, most recently in 2011 as the act was passed in 1861 and language is outdated and confusing. Also out of date in terms of understanding of mental health issues (developed in case law)
What is there no statutory definitions of which can be a problem?
Assault, battery, wound and grevious harm
What does the act not deal with at all?
Transmission of disease/conditions
What is a problem with the actus reus of s20 and s18?
They are identical however the max sentence goes from 5 years to life only focusing on the mens rea
What is a problem with the mens rea of assault/battery and ABH?
They are identical yet max sentence goes from 6 months to 5 years with identical mens rea even though S.47 is much more serious
