non fatal offences against the person Flashcards
(27 cards)
list OAPA offences from least to most serious
-Assault
-Battery
-Assault occasioning ABH s.47
-Malicious wounding or inflicting GBH s.20
-Wounding with intent to cause GBH or causing GBH with intent s.18
what does common assault mean
incl. technical assault and battery
is actual harm necessary for s.39 CJA 1988? + relevant case law
s.39 - assault; no actual harm necessary - R v Lewis 1970
what do the cases of R v Ireland; R v Barstow 1997 tell us about assault?
assault can be committed by words or letters
does silence amount to an assault? + relevant case law
Constanza 1997
What is the MR of assault?+ case law
R v Venna 1975- intention or recklessness as to causing V to apprehend imminent unlawful violence.
What is the AR of assault?
causing V to apprehend imminent and unlawful personal violence
Contrast the cases of Tuberville v Savage 1669 and Read v Coker 1853 in relation to assault
T v S- you need intention + act
R v C 1853- conditional threats may amount to assault
the offence of battery - AR? + case law
Actual infliction of force on another person - Collins v Wilcock 1984
MR of battery + case law
intentionally or recklessly inflicting or applying unlawful violence or force upon another person - Fagan v MPC 1969
force may not be done by D directly
DPP v K 1990
the least touching of another may amount to battery
Cole v Turner 1705- injury is not necessary
s.47 OAPA 1861
technical assault or battery that has caused actual bodily harm
what is the AR for assault occasioning ABH?
commit assault or battery causing V to suffer ABH
what is the MR for s.47 offence? note: no need to show D intended or foresaw ABH
the same MR for assault/ battery
what is s.20 OAPA 1861?
malicious wounding or inflicting GBH
what is the AR of s.20?
unlawfully wounding or inflicting GBH
what is the MR of s.20 offence? + case law
intention or recklessness to causing some harm (although not GBH) - Mowatt 1968
what is the test for recklessness?
R v Cunningham; R v G and Another
what is meant by GBH?
DPP v Smith 1961 - really serious harm
describe s.18 offence
wounding or causing GBH with intent
what is the AR of s.18? NOTE: causing and inflicting means the same
unlawfully wounding or causing GBH
what is the MR of s.18? ( contrast with s.20)
intention to cause GBH (for s.20 it is some harm, here is GBH)
what is consent a defence to? general rule + case law
assault or battery offences - Donovan 1934
