Non Fatal Offences Flashcards
(11 cards)
What are the 5 non fatal offences set out in?
Assault and battery are common law offences, but s. 39 Criminal Justice Act 1988 states maximum sentence of 6 months.
Remaining 3 are found in Offences Against the Person Act 1861 - s.47 ABH, s.20 wounding or inflicting GBH, s.18 wounding or causing GBH with intent
What is AR of assault?
Actions or words which cause V to apprehend immediate unlawful force
-Smith v Woking Police (1983) shows looking at women through window is enough.
- Even silent phone calls enough as in Ireland (1999)
- Words can also prevent assault but making it clear violence won’t be used as in Tuberville v Savage (1969) where D placed had on sword but made it clear he wouldn’t attack
Apprehend meanstk expect violence to take place, and threat must be of ‘immediate violence’ but as in Smith v Woking it can be not knowing what will happen next
What is mens rea of murder?
Intentionally or recklessly causing V to apprehend immediate unlawful force
E.g. Logdon (1976) D pointed imitation gun at V, V did not realise it was a replica, D was reckless although did not intend
What is AR of battery?
Applying unlawful force to another person.
Force is slightly misleading. In Collins v Wilcock (1984) “any touching of another person, however slight, may amount to a battery”
Touching clothes V is wearing js enough - Thomas (1985)
Battery can also be indirect like booby trap - DPP v K (1990) D put acid in hair dryer
Omission can form battery, in Santana-Bermudez (2003) D failed to tell police he had needle in pocket whilst being searched
Force must be unlawful, so self defence is legitimate
What is MR of battery?
Intentionally/recklessly applying unlawful force to V
Defined in Venna (1976), D commit battery recklessly when resisting arrest
What is AR of Assault occasioning ABH (s.47 OAPA 1861)
Assault or battery which causes ABH
Must be AR of assault or battery e.g. kicking which causes bruise
In Miller (1954) ABH defined as “any hurt or injury calculated to interfere with health or comfort”.
In DPP v Smith (2006) cutting hair is enough
In T v DPP (2003) momentary unconsciousness is ABH
ABH can also be psychiatric, but cannot just be mere emotion - Ireland (1999) V suffered psychiatric illness as a result.
ABH is any injury that is more than trivial
What is MR of Assault occasioning ABH (s.47 OAPA 1861)
MR of assault or MR of battery.
No need to intended or be reckless to whether ABH is caused - Savage (1991) D threw beer into V’s face, flsss slipped, cut V, sufficient MR of battery
What is AR of maliciously wounding or inflicting GBH (s.20 OAPA 1861)
Wounding or inflicting GBH
Wounding means breaking at least 2 layers of skin e.g. Eisenhower (1983) where blood vessel burst (bruise or burn does not break skin)
GBH as defined in DPP v Smith (1961) is serious harm like broken limbs etc
In Bollom (2004) it was said severity of injury should be assessed according to age and health
In Brown and Stratton (1997) several minor injuries = GBH
also covers psychiatric injury - Burstow 1997) and biological disease (Dica 2004)
What is MR of maliciously wounding or inflicting GBH (s.20 OAPA 1861)
Intentionally/recklessly causing some harm
Not necessary to intend serious harm or even realise there is risk of serious harm - only some harm
- Parameter (1991) where D threw baby into air and caught, not guilty as did not realise risk of any injury
What is MR of wounding or causing GBH with intent (s.18 OAPA 1861)
Wounding or causing GBH
AR is identical to s.20 so wounding means breaking of 2 layers of skin (Eisenhower) and GBH is “serious harm” (DPP v Smith)
Causing is same as inflicting
What is MR of wounding or causing GBH with intent (s.18 OAPA 1861)
Intention to cause GBH or intention to resist arrest (with foresight of some harm)
MR of s.18 usually occurs when D intends to cause serious injury.
Heldin (1976) confirms being reckless as to fusing serious injury is not enough and intention to wound is not enough (Taylor 2009)
Intention can be direct or indirect
Morrison (1989) where D dived through window to escape arrest, dragging police officer through broken glass, enough for S.18 that D resisted arrest and was to reckless
