Paper 1: non fatal offences Flashcards
What are the 5 types of non fatal offences?
Assault Battery ABH GBH s.20 GBH s.18
What does assault and battery come under?
s.39 of the Criminal Justice Act 1988
Which court tries assault and battery?
Magistrates court
What is the maximum sentence for assault and battery?
6 months
What is the definition of assault?
Bringing about the fear of suffering harm
What is the definition of battery?
Actual harm, even the slightest touch
Actus reus of assault
the acts reus of assault is causing the victim to apprehend (fear) immediate and unlawful violence
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
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
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
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
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
Mens rea of assault
Intentionally or recklessly causing the victim to apprehend immediate and unlawful violence
Actus reus of battery
Application of unlawful force to the victim
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)
What was held in Collins v Wilcock?
‘Any touching of another person, however slight, may amount to a battery’
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
Mens rea of battery
Intentionally or recklessly as to the application of unlawful force to another person
What does actual bodily harm come under?
s.47 of The Offences Against the Person Act 1861
What type of offence is Abh and what court deals with it?
Triable either way offence, either Magistrates or Crown court
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
