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
Which case meant that features were involved in abh
DPP v Smith
Explain DPP v Smith
D cut off girlfriends ponytail
Abh includes features such as hair and fingernails
What case said abh can include a loss of consciousness
T v DPP
Explain T v DPP
V was kicked by D on the ground and V lossed consciousness
Abh now includes a loss of consciousness
What case now includes psychiatric harm for abh
Chan fook
Explain chan fook
D locked v in a bedroom and v jumped out the window
Abh can include psychiatric harm
What case explained abh can be committed indirectly
DPP v K
Explain DPP v K
D put acid in a hair dryer that v used
Abh can be cause indirectly
What is the max sentence for assault and battery
6 month imprisonment or £5000 fine
What is the max sentence for abh
5 years imprisonment
What act are assault battery and abh defined in
Offences against the person act
What section of the OAPA is abh from
S.47
What cases are needed to explain assault
R v lamb for apprehension
R v Ramos for immediacy
Ireland and Burstow assault is any action causing the victim to apprehend unlawful personal violence
Smith v Woking police station Immediacy of fear is enough to amount to an assault
Constanza words can amount to an assault and v must fear d at some point and can be anytime
R v mohan for intention
R v Cunningham for recklessness
What cases are need to explain battery
DPP v Santana-Bermudez for battery can be commited via omissions
Fagan v MPC for AR and Mr to coincide at some point
DPP v K for battery to be committed indirectly
R v Mohan for intention
R v Cunningham for subjective recklessness
Collins and Wilcock for not being able to commit battery in self defence
What cases are needed to explain abh s.47
T v DPP for a loss of consciousness
DPP v Smith for including features
Chan Fook to include psychiatric harm
DPP v K for commiting abh indirectly
Savage and parmenter for not forseeing abh as a result
R v Cunningham for subjective recklessness
Miller for the new definition of ABH
Explain Collins v Wilcock
D held v to stop them walking away. D scratched v in self defence
D’s actions amounted to a battery but conviction was quashed as they were in self defence. Cant commit battery in self defence
Explain Read v Coker
Unneeded (skip)
D threatened to break V’s neck if he didnt leave
Words without a threatening gesture can amount to an assault
Explain Ireland and Burstow
D stalked V for a period of time. V had suffered severe depression
Assault can consist of any act that causes the victim to apprehend immediate and unlawful personal violence
Explain Logdon
Unneeded skip
D threatened V with a replica gun
A threat can amount to an assault even if d doesnt have the means to apply force onto v
Explain Smith v Woking police
D stared at V through a window but could not enter the house
Immediacy of fear is enough to amount to an offence of assault
Explain Constanza
D stalked V and wrote over 800 letters to her
Words amount to an offence of assault and V can fear violence at anytime for it to be immediate
What is the Ar for gbh section 18 and section 20
Unlawfully and maliciously wound or cause any grevious bodily harm
What is the mr for gbh section 20
Intention or subjective recklessness for there to be some harm
What is the mr for gbh section 18
Intention for gbh or subjective recklessness to a police officer
What cases are used for gbh section 20
Eisenhower Moriarty v brookes Wood Cunningham DPP v Smith Lewis Parmenter Burstow Dica Bollom
What happened in eisenhower
D shot v in the eye
Skin must break for it to be a wound
What happened in moriarty v brookes
D cut under v’s eye
Both layers of skin must be broken
What happened in wood
V’s collar bone broke
A broken bone is not a wound
DPP v Smith
D shook v off his car and v died
Only use subjective test for gbh now
What happened in Lewis
S shouted at v. V jumped and broke her legs
Inflicting has a broad meaning
What happened in parmenter
D threw his child and broke more than one limb
D must foresee some harm as a result
What happened in burstow
D caused v to suffer depression
Psychological harm is now enough
What happened in Dica
D didn’t tell v he was hiv positive
Biological harm is now included
What happened in bollom
A child had bruising
Less serious harm for a child to an adult needed
What cases are used for gbh section 18
Moloney
Nedrick
Wool in
Morrison
What happened in moloney
D shot v while drunk
Didn’t intend it
What happened in nedrick
D set house on fire
D was so reckless harm was probable
What happened in woolin
D threw his baby off a wall
He was so reckless
What happened in Morrison
D dragged police officer to window and cut them
D resisted arrest giving mr
