Non fatals Flashcards
Define assault
A person is guilty of assault if he causes the victim to apprehend immediate and unlawful personal violence either via intention or subjective recklessness
Define battery
A person is guilty of battery if he applies unlawful force on D either via intention or subjective recklessness
Old definition of abh
Assault or batter occasioning actual bodily harm
Common law definition of mr for abh
A person must have intention or subjective recklessness to cause assault or battery
Miller (new) definition of abh
Any hurt or injury interfering with the health and comfort of the victim
What case defines subjective recklessness
R v Cunningham
What test is developed from Cunningham
Does D for see a risk and go ahead anyway
Explain r v Cunningham
D had tore a gas meter off the wall and gas leaked into a neighbours house
D was so reckless that it was likely some harm would occur from his actions
What case is used for intention of assault or battery
R v mohan
Explain r v mohan
D drove his car at a police officer
D aimed to assault the police officer and intent is the key ingredient.
What’s the difference between assault and battery
Assault the victim must only apprehend violence
Battery there must be an application of unlawful violence
What case says d doesn’t need to foresee abh
Savage and parmenter
Explain savage and parmenter
A glass slipped out D’s hand and cut the victim
D does not need to foresee abh but only that some harm must occur
What case is head to define apprehension
R v lamb
Explain r v lamb
D shot revolver at v thinking it wouldn’t revolve.
No assault as he did not fear the gun to shoot
What case explains immediacy
R v Ramos
Explain r v Ramos
D distributed racist letters threatening a bomb attack
Initially acquitted as lack of immediacy, reversed on basis that fear is the main ingredient for v
What case says battery can be commuted via omissions
DPP v Santana-Bermudez
Explain DPP v Santana-Bermudez
Police officer was cut by an object in V’s pocket that he failed to tell her about
Battery can now be commuted via omissions
What case explains that the AR and MR for battery must coincide at some point
Fagan v MPC
Explain Fagan v MPC
D drove over a policeman’s foot. He refused to move after being made aware of his actions
D can develop the MR after committing the MR
What case explains that battery can be committed indirectly
DPP v K
Explain DPP v K
D had put acid in a hair dryer that V used
It can be commuted indirectly
Which case gave the new definition of abh
R v Miller
Explain r v Miller
D there his wife to the floor on multiple occasions and raped her
Gave us the new definition