Non-fatals Flashcards
Describe the non fatal offence of assault.
Under s39 of the Criminal Justice Act 1988 assault is a summary offence. The Actus Reus is not physical and the Mens Rea is intention or recklessness.
What case gives the definition of assault and what is it?
The definition is “causing the victim to apprehend immediate unlawful personal violence” from R v Ireland. It also showed silent phone calls can be an assault.
What case shows the immediacy of assault is subjective?
Smith v Chief Superintendent of Woking Police Station.
What did R v Constanza show?
It is sufficient for the prosecution to prove an apprehension of force at some time not excluding the immediate future.
What did Tuberville v Savage show?
Words can negate an assault.
Describe the non fatal offence of battery.
Under s39 Criminal Justice Act 1988 battery is a summary offence. The Actus Reus is where the defendant applies unlawful force to the victim. Mens Rea is intention or recklessness.
What did R v Thomas show in battery?
ANY unlawful physical contact can amount to battery, there need be no harm or physical pain.
What did R v Martin show in battery?
Force may be applied indirectly, barred the doors of a theater and shouted “fire”.
Describe Assault occasioning actual bodily harm.
Under the Offences Against the Persons Act 1861 ABH is a triable either way offence.
What is the definition of ABH and the case?
Miller: “Actual Bodily Harm includes hurt or injury calculated to interfere with health or comfort of the victim”.
What did R v Chan-Fook add to the definition of ABH?
The word “actual” indicates the injury does not have to be permanent but it should NOT be “so trivial as to be wholly insignificant”.
What did R v Chan-Fook also state?
Psychological injury can also be ABH although it would need to be a clinically recognised condition for ABH not just emotions like fear or panic.
What did T v DPP show in ABH?
Loss of consciousness, even momentarily, is ABH.
What is the Mens Rea for ABH?
It is enough for ABH to have the the Mens Rea for assault or battery such as in R v Savage. (The pub glass slip).
