non fatal offences cases Flashcards
assault: words contradicted actions
Tuberville v Savage (1669)
assault: no apprehension
R v Lamb (1967)
assault: imitation gun - made V apprehend immediate unlawful personal violence
Logdon v DPP
assault: silence can amount to an assault
R v Ireland
assault: gestures
Smith v Superintendent of Woking Police
assault: V’s state of mind is key
R v Ramos
assault: MR intention or reckless to intend
R v Venna
battery: questioned application of force
Cole v Turner
battery: touching a persons clothes is equivalent to touching them
R v Thomas
battery: use of a vehicle controlled by D
Fagan v MPC
battery: use of an instrument, application does not need to be directly applied
DPP v K (a minor)
battery: direct application of force can be via another person
R v Haystead
ABH: defined as ‘any hurt or injury calculated to interfere with the health or comfort of the victim’
Miller (1954)
ABH: mere emotions such as fear, distress or panic does not amount to ABH - but severe shock or hysteria does
R v Chan-Fook (1994)
ABH: temporary loss of consciousness can amount to ABH
T v DPP (2003)
ABH: cutting hair or putting paint in can amount to ABH
DPP v Smith (2006)
ABH: MR - No need to establish intention or recklessness for ABH, but for the initial assault or battery
R v Roberts (1971)
ABH: S47 requires MR to apply unlawful force - no foresight of injury is required
R v Savage (1991)
GBH: HofL defined it as “really serious harm”
DPP v Smith (1961)
GBH: indirect application of force was sufficient for a conviction under s.20
R v Martin (1881)
GBH: psychiatric injury can amount to bodily harm
R v Burstow (1997)
GBH: several minor injuries can amount to GBH
R v Brown and Stratton
GBH: if risk of serious sexual disease is concealed, V has no consented, D if liable under s.20
R v Dica
wounding: requires break in the ‘continuity of the skin’
JJC v Eisenhower
