Offences Against the Person Flashcards
Fagan v MPC
Assault = any act which causes another to apprehend immediate and unlawful personal violence MR = intention/recklessness as to causing another to apprehend violence Battery = actual intended use of unlawful force to another without consent
R v Wilson
Words or gestures can constitute assault
R v Ireland; Burstow
Silent telephone calls could amount to assault
Must apprehend physical harm, not psychiatric harm
R v Lamb
The victim must apprehend violence
Logdon v DPP
Ability to carry out the threat is immaterial if the victim apprehends the violence
Tuberville v Savage
Words can negate an assault
Smith v Chief Superintendant Woking Police Station
‘Immediate’ does not mean instantaneous
R v Constanza
‘Immediate’ = in the immediate future
Collins v Wilcock
Merest touch counts as force
Implied consent available as defence
R v Thomas
Touching clothes is sufficient for force
Faulkner v Talbot
No hostility, rudeness or aggression required
Haystead v DPP
Can be an indirect application of force
R v Santana Bermudez
Omitting to tell police office about needle in pocket amounted to a battery - creation of a dangerous situation resulted in a duty to act
R v Venna
MR for battery = intention/recklessness as to applying unlawful force
DPP v Little
Statutory assault = common law assault or battery
R v Miller
ABH = any hurt or injury calculated to interfere with the health and comfort of the victim - must be more than transient and trifling
R v Chan Fook
Must be a hurt or injury, can include psychological hurt
DPP v T
Momentary loss of consciousness has been held to be ABH
R v Savage; Parmenter
Mens rea = intention/recklessness as to assault battery - not to harm
DPP v Smith
Cutting hair held to be ABH
C (a minor) v Eisenhower
Wound = continuity of the whole skin must be broken
R v Saunders
GBH = serious harm
R v Bollom
Totality of injuries and effect on victim may be examined collectively
R v Cunningham
‘Maliciously’ = recklessly or intentionally
R v Mowat
MR for s47 = intention or recklessness as to causing some harm (not GBH)
R v Kennedy
Three ways of committing poisoning offence - administer, cause to be administered or cause to be taken
R v Gillard
Spraying noxious substance on victim’s skin counts as administering
R v Marcus
s24 - no need to be intrinsically harmful if administered in a noxious dose
R v Hill
Look to ultimate intention (to injury aggrieve or annoy)
R v Cato
s23 - noxious substance has to be intrinsically dangerous
