non fatal Flashcards
(27 cards)
common law assault
s39 criminal justice act 1988- maximum prison sentence of 6 months and maximum fine of £5000
common law battery
s39 criminal justice act 1988- maximum prison sentence of 6 months and maximum fine of £5000
assault causing actual bodily harm
s47 offences against the person act 1861- anyone convicted of assault causing ABH shall be liable for imprisonment for 5 years
unlawful and malicious wounding or inflicting gbh
s20 offences against the person act 1861
unlawful and malicious wounding or causing gbh with intent or with intent to resist arrest
s18 offences against the person act 1861
common law assault AR
r v venna
the victim must apprehend immediate and u lawful personal violence
common law assault AR
r v nelson
court of appeal held that the D must have done something of a physical kind (words, actions) which causes someone else to think they are about to be struck
common law assault AR
r v lamb
apprehend does not mean fear- just that they are aware they will be subject to violence
common law assault AR
r v smith
should be immediate but not instanteous
common law assault AR
r v ireland
the conduct can be words, actions or even silence
has to be unlawful
common law assault MR
r v parmenter
1) intention or 2) subjective recklessness of causing the victim to apprehend immediate unlawful personal violence
common law battery AR
r v ireland
infliction of u lawful personal force
common law battery AR
cole v turner
the least touching of another will suffice
common law battery AR
Fagan v metropolitan police commissioner
battery can be achieved through a continuing act
common law battery AR
DPP v K
battery can be achieved through an i detect act
assault occasioning abh AR
miller
assault or battery leading to harm which interferes with health of comfort
assault occasioning abh AR
r v roberts
the assault or battery must lead to abh (usual rules of causation apply)
assault occasioning abh AR
t v DPP
loss of consciousness could be ABH
assault occaisoning abh AR
Fagan v metropolitan police commissioner
can be achieved through a continuing act
assault occasioning abh AR
DPP v K
can be achieved through an indirect act
s20 GBH AR
Eisenhower
must break all layers of skin
s20 GBH AR
DPP V smith
gbh means really serious harm such as long term injury or requiring extensive medical care
s20 GBH AR
Burtsow
infliction means cause, does not require a technical assault or battery so long as the D has caused the victim to suffer with GBH of wounded
s20 GBH MR
savage
intending to do some injury but not serious to be caused or being reckless as to whether injury would be caused
