Non fatal offences against the person Flashcards
(27 cards)
what are the key non fatal offences against the person
-assault (6 months max)
-battery (6 months max)
-actual bodily harm (5 years max)
-grievous bodily harm (with intent life imprisonment)
what is assault
intentionally or recklessly causing V to apprehend immediate unlawful personal violence (v must anticipate harm not fear)
R v Ireland (1997)
woman received silent phone calls and was diagnosed with mental health problems due to these phone calls - constituted assault
Turberville v savage (1669)
conditional threats not assault if condition renders them impossible
Smith v Woking police (1983)
V seen policeman looking at her through her window, gave her fright and she called police- charged with assault - immediate threat
R v Vienna (1975)
D resisted arrest for causing disturbance- fractured hand of police officer in process- held D was guilty of assault occasioning actual bodily harm
what is battery
-intentionally or recklessly causing unlawful personal contact
-unlawful contact- any touching without consent
- can be indirect eg using vehicle as weapon
-can occur by omission
Faulkner v talbot (1981)
touching of 14 yr old boy penis through clothing- charged with battery
dpp v K (1990)
boy put acid from class in hand dryer and next person to use it gets face full of sulfuric acid - held D guilty of battery
DPP v Santa Bermudez (2004)
police officer undertook full body search of D and D said he had no sharp items on him- V injured himself on sharp needle - battery by omission
what is Actual bodily harm
assault or battery causing actual bodily harm - must interfere with health/ comfort and be more than trifling - no need to be foreseeable
r v roberts (1971)
D tries to molest victim in moving car and V jumps out of car and is injured - foreseeable result of D’s actions - liable for ABH
r v savage (1991)
D threw glass of beer over husbands former gf and V was injured - claimed she hadn’t intended to throw glass- ABH
what is Grievous Bodily Harm
wounding or serious harm inflicted on another person
Moriarty v Brooks (1834)
D argued with customer over disputed payment and struck him causing wound below eye - guilty for gbh
r v mowatt (1968)
D and friend were out late - D knocks V unconscious and D friend stole money from V - D claims to have felt endangered by V aggressive demeanour and to then have punched him- held guilty of gbh
r v taylor (2009)
D attacked V by scratching face with fork and stabbed him in the back with knife- held D was guilty of gbh
what do aggravated offences include
-racial or religious aggravation
- domestic violence
what is the defence of consenting to minor harm
applicable to assault and battery- requirements are expressed / implied consent and effective consent
what is the rule of fraud and duress
fraud voids consent only if related to D’s identity/ nature of act
elaborate on consenting to serious harm
harm must be legally recognised as capable of being consented to
- surgery, body modification, sports (within rules), horseplay, religious flagellation, sexual pleasure
Collins v Wilcock (1984)
2 police officers suspected D was soliciting for prostitution- D walked away and officer grabbed her arm- D scratched arm and was convicted of assault- on appeal held in favour of D as police officer acted in excess of her powers
r v richardson (1998)
D was a dentist who’d been disqualified but continued to treat patients without informing them - D held guilty of assault - on appeal was quashed as fraud did not vitiate consent
r v brown (1994)
group of gay men engaged in sado masochistic sexual activities- convicted of bodily harm- prosecution not required to prove V did not consent
