Paper 1: non fatal offences Flashcards by Bethany Weatherhead

What are the 5 types of non fatal offences?

Assault 
Battery
ABH 
GBH s.20
GBH s.18

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What does assault and battery come under?

s.39 of the Criminal Justice Act 1988

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Which court tries assault and battery?

Magistrates court

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What is the maximum sentence for assault and battery?

6 months

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What is the definition of assault?

Bringing about the fear of suffering harm

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What is the definition of battery?

Actual harm, even the slightest touch

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Actus reus of assault

the acts reus of assault is causing the victim to apprehend (fear) immediate and unlawful violence

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R v Constanza: facts and held

Facts: D sent over 800 letters to V, two of which contained clear threats
Held: this amounted to an assault as there was a fear of violence at some point, not excluding the immediate future

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Tuberville v Savage: facts and held

Facts: D put his sword and said “were it not assize time, i would not take such language from you’
Held: not an assault as the D stated he wouldn’t do anything

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Smith v Chief Superintendent of Woking: facts and held

Facts: D entered a private garden at night and looked through a bedroom window, she was terrified and thought he was going to enter the room
Held: V’s fear was enough to amount to an assault even though he could not physically attack her immediately as she was locked in

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R v Ireland: facts and held

Facts: D made silent phone calls to 3 women frightening them
Held: Even silent phone calls can amount to an assault

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R v Lamb: facts and held

Facts: D was fooling around with revolver believing it was unloaded, shot a friend
Held: V, his friend, did not fear any violence from Lamb so there was no assault

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Mens rea of assault

Intentionally or recklessly causing the victim to apprehend immediate and unlawful violence

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Actus reus of battery

Application of unlawful force to the victim

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What are the 4 things unlawful application can be? (cases)

1) Direct act (Collins v Wilcock)
2) Indirect act (R v Haystead, R v Thomas)
3) Continuing act (Fagan v MPC)
4) Committed by an omission (DPP v Santana-Burmudez)

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What was held in Collins v Wilcock?

‘Any touching of another person, however slight, may amount to a battery’

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R v Thomas: facts and held

Facts: a caretaker was charged with indecent assault of holding the skirt of a 12 yo
Held: The act was not indecent, it was held that touching a person’s clothes is equivalent to touching them

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Mens rea of battery

Intentionally or recklessly as to the application of unlawful force to another person

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What does actual bodily harm come under?

s.47 of The Offences Against the Person Act 1861

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What type of offence is Abh and what court deals with it?

Triable either way offence, either Magistrates or Crown court

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What is the maximum sentence for ABH?

5 years

What does s.47 of the Offences Against the Persons Act say?

Whosoever shall be convicted on indictment of any assault occasioning actual bodily harm shall be liable.. to imprisonment for any term not exceeding 5 years

Actus reus of ABH

Any assault of battery occasioning actual bodily harm

What are the 3 elements of ABH?

1) Assault or battery
2) Causation
3) ABH

What was held in the case of Miler?

'any hurt or injury that interferes with the health and comfort of the victim', 'such hurt or injury need not be permanent, but must, no doubt, be more than merely transient and trifling'

What was held in the case of Chan-Fook?

It should not be so trivial as to be wholly insignificant. Bodily harm is not limited to harm to the skin, flesh and bones; it includes physical and psychiatric injury

Examples of ABH

A broken tooth, loss of consciousness, minor fractures, and extensive bruising

Mens rea of ABH

Intention or recklessness as to cause an assault or battery. D only has to intend or be reckless as to the assault or battery; D does not have to foresee that he will cause ABH

What was held in R v Roberts?

The events led to injury amounting to ABH, D had the MR of a battery but the subsequent injuries were merely a consequence of his unlawful act

What does GBH s.20 come under?

s.20 of the Offences against the Person Act 1861

What was stated in s.20 of the Offences Against Person Act 1861 state?

Whoever shall unlawfully and maliciously wound or inflict any GBH upon any person, either with or without a weapon or instrument shall be guilty of an offence

What type of offence is GBH s.20

An either way offence

Where can GBH s.20 be tried?

Magistrates and Crown court

What is the maximum imprisonment for GBH s.20?

5 years

Actus reus for GBH s.20

Unlawfully and maliciously wound or inflict any grievous bodily harm upon any person

What is the definition of a wound?

Wound is defined as a break in both layers of the skin; this is an open wound, usually with a loss of blood

What was held in JCC v Eisenhower?

There was no wounding, since there was no wound breaking the skin. Once the V had bled, it would be a wound

What is GBH defined as in the case of DPP v Smith?

Really serious harm

What was the held in R v Bollom?

Injuries caused to a child or elderly person will be more serious than the same injuries to a strong healthy adult

What is the held in R v Dica?

Biological harm can amount to grievous bodily harm

What was the held in R v Burstow?

HL held that serious psychiatric harm can amount to GBH

What was the held in R v Parmenter?

HL held that he had foreseen the risk of some harm occurring. Again, they stated that he didn't have to foresee GBH, just 'some harm

What does GBH s.18 1861 say?

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, with intent to do some grievous bodily harm to any person.. or with intent to resist of prevent the lawful apprehension or detainer of any person, shall be guilty'

What offence is GBH s.18

Indictable offence

What court was s.18 GBH tried in?

Crown court

What is the maximum sentence for GBH s.18

Life

AR of GBH s.18

Unlawfully and maliciously wound or inflict GBH

MR of GBH s.18

1) D must have a specific intention to cause GBH (really serious harm) 2) D intends to resist or prevent an arrest or the detaining of any person (and has caused really serious harm in the process)

What was the held in R v Taylor?

The original trial judge had misdirected the jury; an intention to wound was not sufficient for the MR of s.18

What is not sufficient for s.18?

Recklessness