Non Fatal Offences Flashcards
(26 cards)
What is the maximum prison sentence for Common Law Assault under S39 Criminal Justice Act 1988?
6 months and an unlimited fine
In R v Venna, what must the victim do in response to an assault?
Apprehend immediate unlawful personal violence
What did the Court of Appeal hold in R v Nelson regarding the defendant’s actions?
The D must have done something of a physical kind which causes someone else to think they are about to be struck
What does ‘apprehend’ mean according to R v Lamb?
It does not mean fear, just that they are aware they will be subject to violence
According to Smith, what should the apprehension of violence be?
Immediate but not instantaneous
What forms can conduct take in assault as per Ireland?
Words, actions or even silence
What is required for the actus reus of Common Law Battery?
Infliction of unlawful personal force
In Cole v Turner, what is sufficient for battery?
The least touching of another
What does Collins v Wilcock state about touching someone?
Touching to get attention is not battery, but restraining someone may be
Can battery be achieved by a continuing act? Provide a case example.
Yes, Fagan v Metropolitan Police Commissioner
Can battery be achieved through an indirect act? Provide a case example.
Yes, DPP v K
What types of injuries does the CPS Code for Battery include?
- Grazes
- Scratches
- Abrasions
- Minor bruising
- Swellings
- Reddish skin
- Superficial cuts
- Black eye
What is the mens rea for Common Law Battery as per R v Parmenter?
Intention or subjective recklessness of unlawful personal force
What is the actus reus for Actual Bodily Harm (ABH) under S47 Offences Against the Person Act 1861?
Assault or battery leading to harm which interferes with health or comfort
What must the assault or battery lead to for it to be considered ABH according to R v Roberts?
Actual bodily harm (the usual rules of causation apply here)
Can loss of consciousness be considered ABH? Provide a case example.
Yes, T v DPP
What is the mens rea for Actual Bodily Harm as per R v Parmenter?
Intention or subjective recklessness of assault or battery
What is the actus reus for Grievous Bodily Harm (GBH) under S20 Offences Against the Person Act 1861?
Wounded or inflicted GBH
What must a wound do according to Eisenhower?
Break all the layers of skin or cause really serious harm
What does DPP v Smith define as GBH?
Really serious harm such as long term injury or requiring extensive medical treatment
What does Burstow state about infliction in the context of GBH?
It means cause and does not require a technical assault or battery
What is the CPS Code definition of wounds?
Requires a breaking of the continuity of the whole of the outer skin, or inner skin within the cheek or lip
What is the mens rea for S20 GBH as per R v Savage?
Intending some injury (but not serious injury) or being reckless as to whether injury would be caused
What is the actus reus for Grievous Bodily Harm under S18 Offences Against the Person Act 1861?
Wounded or inflicted GBH
