Unit 2 - Non Fatal Offences Flashcards
Learn about assault, battery, abh, gbh, wounding
Where is battery and assault defined?
They are defined in Common law; i.e. law made by judges
What is the actus reus of assault?
Causing the victim to apprehend immediate unlawful force (applied unlawful force is not needed for assault.
What was the legal principle in DPP v Logdon (1976) (Tip - Fake gun)
A victim can still apprehend unlawful force, even if it was impossible for that force to be carried out as long as V thinks it is possible.
What was the legal principle in Smith v Chief Constable of Woking? (Tip - window)
Immediate means “In the near future”
Which case had the legal principle that gestures can amount to an assault?
Read v Coker
Describe the case and legal principle for R v Ireland (Tip - Words said or not said)
Case = D harassed three women with numerous unwanted and silent phone calls.
Legal principle = Spoken words or silence can amount to an assault
What was the legal principle for R v Constanza?
Written words can amount to an assault.
When can words negate what would have been an assault? (case and legal principle)
Tuberville v Savage (Assize’s time)
Legal principle = Words can negate (cancel out) what would otherwise have been an assault.
Explain the MR of assault
Direct intention (R v Mohan) or Recklessness (R v Cunningham) as to causing V to apprehend immediate unlawful force.
Explain the AR of battery
Applying unlawful force to another person
What is the legal principle of R v Thomas and give brief case facts?
Brief facts: School caretaker convicted for assault after taking hold of the hem of a 12 year old girl’s skirt.
Legal principle = The lightest tough will be sufficient; touching a person’s clothes whiles he’s wearing them is equivalent to touching them.
Legal principle + case: Claire bumps in to Dana in a busy aisle in the supermarket whilst shopping
LP: ‘Ordinary jostling of daily life; V gives an implied consent; not hostile’
Legal principle + case: Edith throws a paper aeroplane at Fayaz, it hits him on the back of the head.
DPP v K or R v Thomas, Force can be applied indirectly, lightest touch is sufficient.
Explain the mens rea of battery
Direct intention or recklessness as to applying unlawful force to another person.
What is the legal principle for battery in DPP v Santana Bermudez?
Force can even be applied by an omission (opposite of an act)… but only where D has a duty to act and failed to perform that duty
Where is assault occasioning actual bodily harm defined?
It is defined in section 47 of the Offences Against The Person Acts 1861
What is the AR of assault occasioning bodily harm?
Assault or battery which causes ABH to another person.
From the case R v Chan Fook; how did the Court of Appeal narrow the Miller definition of ABH?
Harm cannot be so trivial as to be wholly insignificant
What type of harm did Chan Fook say COULD count as ABH?
Psychiatric harm can be ABH
What did Chan Fook say could NOT count as ABH and what does?
NO = Fear, distress and panic YES = Depression, anxiety, panic attacks, sleep disorder
What was the legal principle of DPP v Smith? (tip: haircut, ABH)
Cutting off a person’s hair without hi/her consent can amount to ABH
What was the legal principle for T v DPP? (Tip - V briefly blacked out)
Even a short loss of consciousness can amount to ABH
What is the legal principle for R v Savage? (e.g. MR)
No additional mens rea is required
LP: D does not need to intend/be reckless as to causing harm to V
Where is wounding and GBH defined?
In s18 or s20 OAPA 1861
