OAPA Flashcards
statute, authority, test
Assault
S. 39 Criminal Justice Act 1988:
- common assault and battery liable to level 5 offence imprisonment max 6 months)
- doesn’t define assault or battery.
Common ASSAULT:
AR:
(Collins v Wilcock [1984])
- act which causes another to apprehend immediate, unlawful force
MR: (Venna)
- intention or reckless to causing apprehension of immediate, unlawful personal force.
apprehend= V must see coming/be awake, no physical contact required.
imminent: ‘at some point not excluding immediate future’ (Constanza),
statute, authority, test, scope, effect
Battery
S. 39 Criminal Justice Act 1988:
- common assault and battery liable to level 5 offence imprisonment max 6 months)
- doesn’t define assault or battery.
TEST:
AR: Collins v Wilcock
- infliction of force
- force inflicted must be unlawful
MR: Venna [1975]
- intention to apply unlawful force on another OR
- reckless (
SCOPE:
- any intentional or reckless touching of V without consent or lawful excuse suffices (Faulkener v Talbot)
- V does not have to be aware (can touch through clothes Thomas)
- can be indirect - (spitting, pushing A into B)
-Miller omission applies (DPP v Santa-Bermudez) (D told V pocket empty, she reached hand in and pricked finger on needle).
- psychiatric injury does not suffice
Effect:
where there is battery D should be charged with = assault by beating (DPP v Little [1992])
exceptions to battery
-Where D has lawful authorty to touch V (Collins v Wilcock)
- where V consents to D’s touching.
- Implied consent to “all physical conduct which is generally acceptable in ordinary conduct of daily life) (Collins v Wilcock)
Actual Bodily Harm
(ABH)
S 47 Offences Against the Person Act 1861
- 1) Assault or Battery (AR and MR) (dont need to intend ABH, only MR for battery or assault needed)
- 2) resulting in ABH
- 3) assault must have caused the ABH
actual bodily harm = “any hurt or injury calculated to interfere with the health and comfort of V” Miller
- ‘bodily’ includes phsycial and recognised psychiatric illness (ie depression)
ex: Robters : Unwanted sexual advances when driving. V jumped from moving car to avoid D taking her coat off (battery), sustained grazes (ABH)
ACCORDING to CPS charging standards:
Charge ABH rather than battery where there are:
- Grazes
- Scratches
- Abrasions
- Minor bruising
- Swellings
- Reddening of the skin
- Superficial cuts
- Black eye
- Minor fractures
- Require hospital treatment under anaesthetic
- Temporary loss of sensory function
- Broken nose
- Loss of / breaking of tooth
- Psychological harm involving more than mere emotions such as fear, panic or distress
- CPS will consider circumstances in which the assault took place e.g. repeated threats or assaults; punching, kicking or head-butting; use of weapon; vulnerable V.
- Where the harm caused is serious, falling short of grievous bodily harm, ABH should be charged, even if that was not intended by the offender (Abbas) where one punch resulted in the complainant hitting his head on the pavement, resulting in loss of consciousness.
Greivous Bodily Harm
GBH S 20 Offences Against the Persons Act 1861
TEST: (no req for assault or battery)
AR:
1) wounding or infliction of GBH
2) done maliciously
3) wounding/infliction of GBH must be done unlawfully.
MR:
1) intend to do some harm to another (not necessarily GBH)
2) or be reckless as to whether that some harm would be done.
wound= contintuity of whole skin must be broken (C v Eisenhower)
grievous = really serious (DPP v Smith)
DETERMINING GBH OR ABH:
necessary to have regard to the effect of those injuries on V, taking into account V’s age and health (Bollom)
More than ABH but does not have to be permanent / life-threatening:
- broken or displaced limbs or bones
- injuries causing substantial loss of blood
- injuries resulting in lengthy incapacity or permanent disability
- Passing on a serious disease (Dica)
- May include recognised psychiatric illness (Ireland and Burstow)
AR, MR, Effect
S 18 OAPA
AR: (same as s 20)
- wounding or inflicting GBH
- done maliciously (intent or foresight of harm)
- wounding/inflicting GBH was unlawful.
MR: (reckless does not suffice)
- unlawfully and malicioussly wound or cause GBH to any person
- with intent to cause GBH (must be more than intent to wound) (Taylor)
- or with intent to resist or prevent lawful apprehension or detainer of any person
- guilty
- Where no intention to cause GBH but to resist lawful arrest, malicious should be interpreted as requiring D to also foresee possibility of GBH
EFFECT:
- max penality life imprisonment
non-fatal strangulation and non-fatal suffocation
S 75A serious Crime Act 2015
- max penalty 15 years
- def: obstruction or compression of blood vessels and/or airways by external pressure.
