summary of non fatals Flashcards
What is the level of force used for assault ?
- NO touching
- words
- Gestures
- assult has the a ax senetnce of 6 months , defined in common law , and is a summary offence
What level of force is used for battery
Minor force/ harm ie brusies etc
- touching= battery
- six month sentence
- summery offence
What is the AR and MR for assault ?
- The apprehension of immediate and unlawful force . there doesnt have to be fear but there needs to be the apprehension
- Immediate force - depends of circumstances ie Smith v walking
- Has to be unlawful force =
- Lawful force is = consent , kiss from loved ones , rugby game , medical emergency
MR
- basic level
- intend to make v apprehend unlawful immediate force
- Reckless in there apprehension of force
What is the AR and MR of battery
AR=applying unlawful force to the victim
MR- intend to apply force or reckless to its occurrence
What offences are regulated by the offences against the persons act 1861
- S47 -ABH
- s20- GBH
- s18 - GBH
What is the level of force needed for ABH
- SOME HARM( health of discomfort of the victim ), includes physical ie broking bone or psychological or biological ie diker
- max 5 years
- triable wither way offence
What is the AR and MR of ABH
AR= assault or battery which leads to some harm i.e R V SAVAGE
MR= intention or recklessness
What is the level of force needed for s20 GBH
wound-
- Top 2 surfaces of the skin seen in
- indictable
- max 5 years
What is the level of force needed for s18
- Inflicting serious harm ie serious bleeding , fr actuated skull.
Grievous bodily harm - indictable offence
- max life sentence
What is the AR and MR for s18
MR- specific intent - specific intent to that crime and must specifically intend serious harm or wound
What is the AR and MR needed for s20
-MR - Intended some harm or reckless to some harm
What case defines assualt ?
- Assault is defined in R v Ireland () as where a defendant causes the victim to apprehend immediate unlawful personal violence, either intentionally or recklessly.
What case defines assualt ?
- Assault is defined in R v Ireland () as where a defendant causes the victim to apprehend immediate unlawful personal violence, either intentionally or recklessly.
What are some cases which shows the AR or assault
- Logdon v DPP( pointing an unloaded gun at someone ) is an assault
- Threat must be immediate- R v Ireland and R v Constanza.
- Words can also negate an assault -Tuberville v Savage
What cases show the MR of assault
The mens rea of assault, as defined in the case of R v Savage, and R v Parmenter
- or must have seen the risk that such fear would be created (Cunningham subjective recklessness).
What section is battery charged under
Charged under .39 Criminal Justice Act 1988 but defined through common law
What are some cases which show the AR of battery
- Collins v Wilcock
- R v Thomas - Any unlawful physical contact can amount to a battery
R v Martin - The application of force does not need to be direct. ,
R v Haystead
- Unlike assault, a battery can be committed by omission, where there is a duty to act. DPP v Santana-Bermudez (2004)
- A battery may be committed through a continuing act.Fagan v Metropolitan Police Commissioner
Name a case where the MR is that of battery
- The defendant intends or is reckless as to the application of force, as confirmed in R v Venna
What case defined ABH s47
-he definition of what constitutes ABH was clarified in in the case of R v Miller abh includes hurt or injury calculated to interfere with health or comfort of the victim”.
What cases show the AR of abh
- DPP v Smith -Cutting someone’s hair was held to be actual bodily harm
- T V DPP- Loss of consciousness, even momentarily was held to be actual bodily harm.
Name some cases which show the MR for ABH
- R v Roberts - . He had the mens rea for battery and that was enough.
- R v Savage- she did intend to apply the unlawful force and that was enough for a s.47 conviction.
What cases show AR for s20 GBH
Moriarty v Brooks (- he definition of a wound in criminal cases is an injury to the person, by which the skin is broken. If the skin is broken, and there was a bleeding, that is a wound”
Name some cases which show the AR for S18
- DPP v Smith -It was held that GBH means “really serious harm”.
