Non-fatal offences against the person Flashcards
(28 cards)
What is the statutory basis for offences against the person?
Offences Against the Person Act 1961
What is the most serious OAP and what is its statutory basis?
s18 OAPA: Wounding with intent to cause GBH/causing GBH with intent
What is the offence in s20 OAPA?
Maliciously wounding/inflicting GBH
What is the offence in s37 OAPA?
Assault occasioning actual bodily harm
What is the statute referring to common assault and battery?
s39 Criminal Justice Act: States a fine or maximum 6mo in jail punishment. Does not define the offences - they are common law
Define Common Assault (with case)
Collins v Wilcock [1984] An act which causes another person to apprehend the infliction of immediate, unlawful force on his person
Actus reus of assault
- Fagan
- Apprehend, imminent, unlawful personal violence (non-consensual)
Ireland; Burstow
Silent telephone calls can be an assault if the caller intends to cause fear to his victim. Fear may be that caller’s arrival at V’s door could be imminent
Constanza
20-month campaign of harrassment including threatening letters leading to clinical depression. V apprehended violence “at some point not excluding the immediate future”
Smith v Chief Superintendent Woking Police Station
V saw D looking through window at her, didn’t know what he was going to do next. No need to identify victim’s specific fear.
Can assault be conditional? (Case)
Tuberville v Savage - Can be conditional (if you don’t do X I will hit you), but not if threat excludes imminent possibility.
Mens rea of assault
Venna [1975] - Subjective - Intention to cause the victim to apprehend infliction of immediate, unlawful force. Or recklessness as to causing…
Battery: AR
Collins v Wilcock: Unlawful infliction of force. Not necessarily violence, more to do with invasion of right not to be touched or violated
Battery: Physical contact?
V doesn’t have to be aware. Touching clothes is equivalent to (Thomas)
Battery: Can it be indirect?
Spitting: Misalati
Acid in hand dryer: DPP v K
Causing horse to bold: Gibbon v Pepper
Examples of batteries
Grazes, abrasions, minor bruising, superficial cuts, black eye (CPS charging standards)
What about ordinary touching - on a train for example?
Implied condent to all physical conduct which is generally acceptable in the ordinary conduct of daily life
What is Actual Bodily Harm?
“Any hurt or injury calculated to interfere with the health and conduct of V” (Miller)
“actual” indicates injury should not be trivial, but need not be permanent
Can be physical and psychological
CPS charging standards for ABH
Minor fractures, requires hospital treatment under anaesthetic, broken nose, broken tooth, temporary loss of sensory function
- CPS considers circumstances, use of a weapon, vulneable V for example
Mens rea of ABH
s47 ABH is a constructive offence, so D is held liable for a more serious offence than they intended to commit
D can be convicted even if he didn’t foresee a risk his act might cause ABH
How is the Roberts case relevant here?
D made unlawful sexual advances on V while driving, V jumped from moving car to avoid D taking her coat off (battery). She sustained grazes (ABH)
R v Savage
Meant to throw contents of beer glass at V but accidentally threw glass as well. Caused wound. s47 has no mens rea requirement for causing ABH, assault and battery is enough
Define GBH
No statutory definition
What level of wounding is needed for GBH
Eisenhower - continuity of the whole skin must be broken
Wood - cannot be purely internal (broken collarbone, skin remained intact)
