Non-fatal offences Flashcards
(27 cards)
assault defined/charged under
defined : common law
charged: s.39 Criminal Justice Act
Battery defined/charged under
defined: common law
Charged s.39 Criminal Justice Act
ABH defined/charged under
a.47 Offences Against the Person Act
Wounding or GBH defined/charged under
s.20/s.18 Offences Against the Person Act
assault AR
- Words/actions
- silence (Ireland)
- words can prevent assault (Tuberville)
- did word/act make V apprehend immediate violence
- no injury necessary
- v must fear imminent use of force (smith V woking)
Battery AR
- applied unlawful force?
- no requirement for injury
- any touching (collins v wilcock)
- touching of clothes (Thomas)
- indirect act (DPP v K)
- omission (santana-Bermudez
ABH s.47 AR
- assault or battery
- assault: Ireland, Smith V Woking Police)
- Battery: collins v wilcock
- Assault/battery cause ABH
- ABH = injury calculated to interfere w/ health and comfort - miller
- more than trivial -miller
- include psychiatric injuries but not mere emotions (Chan Fook)
Wounding/GBH s..20/s.18 AR
- wound or cause GBH*
- wound = break 2 layers of skin (Eisenhower)
- GBH = serious harm i.e broken bones + disfigurement (DPP v Smith)
- age/vulnerability f V make a minor injury more serious (Bollom)
- several minor injuries may amount to GBH (Brown & stratton)
Assault MR
intend or reckless as to whether v apprehend force (Logdon)
Battery MR
intend/reckless as to apply force (venna)
ABH s.47 MR
MR for assault or battery
- no need to intend or realise risk of injury (savage)
Wounding/GBH s.20/s.18 MR
- Intend/reckless as to cause some injury
- yes = guilty of s.20
- (paramenter/Mowatt)
- intend serious injury (GBH) or intend to resist arrest9foresight of some harm)
- yes s.18
- look evidence or weapon, repeated attack
- Belfon (recklessness not enough)/Morris(attempt to resist arrest)/Taylor(intent to wound not enough)
smith v woking
– assault through window if v fears d will enter - v important factor
ireland
silence can be assault
tuberville v savage
words can prevent a gesture being ssault
constanza -
words alone can be assault
ramos
if D fears violence could happen att any time D could be convicted
Logdon
D was reckless as to whether the V would apprehend violence - intention irrelevant
collins v wilcock
- any touching may be battery
- physical restraint always battery
- except lawful arest
thomas
touching clothes = battery (if wearing them)
dpp v K
- battery can be an indirect act
santana-Bermudez
- omission is enough for battery
haystead
- indirect force enough for battery
fagan v MPC
battery can be committed through a continuing act
