Non fatal offences - CRIMINAL LAW (1) Flashcards
(65 cards)
define non fatal offences
crimes that do not result in the death of a person
put the non fatal offences in ascending order of seriousness
- assault - common law but charged under S39 Criminal Justice Act 1988
- Battery - common law but charged under S39 Criminal Justice Act 1988
- Assault occasioning actual bodily harm - S47 Offences Against the Person Act 1861
- Malicious wounding or inflicting grievous bodily harm - S20 Offences Against the Persons Act 1861
- Wounding or causing grievous bodily harm with intent - S18 Offences Against the Person Act 1861
where does the definition of assault come from
common law and not statute
what is an assault
Assault is the intentional act of causing another person to fear imminent bodily harm. It does not require physical contact, just the threat or attempt of force that makes the victim feel in immediate danger.
Example: Raising a fist to someone in a threatening manner or verbally threatening to harm someone can be considered assault if it causes the victim to fear they will be harmed.
where are the charging standards found for assault
Section 39 of the Criminal Justice Act 1988
what is the maximum sentence for an assault
A sentence can be a maximum of £5000 and or 6 months in prison
if more than 1 assault then max is 12 months in prison
what kind of defence is an assault
summary offence
was it is the actus reus for an assault
an act which causes the victim to apprehend immediate and unlawful force
what types of behaviour contributes to an assault
words or gestures
threatening someone
silenced conduct
what would not constitute to an assault
An omission cannot constitute to an assault
if it was obvious that the words used by D that D cannot actually use any force at the time of the treat (as there is clearly no immediate threat of force!)
what is the case for the actus reus for assault
and the legal principle
Constanza (1997)
it was held that threatening letters can also amount to an assault
furthermore, the word ‘ immediate ‘ means imminent
what is the case for silent phone calls
R v Ireland
principle= it was held that silent phone calls can amount to an assault, as long as the V fears immediate unlawful personal violence
silence phone calls
what is the legal principle for the case Tuberville V Savage
it was decided that words indicating that D will not use any immediate unlawful force MAY prevent an assault being committed
he was not guilty of an assault as his words had no immediacy therefore actus reus cant be there
what is the mens rea for assault
intention or recklessness to causing V to apprehend immediate unlawful personal violence
where does the definition of battery come from
common law and not statute
what is a battery
Battery refers to the unlawful physical contact with another person without consent. It involves actual physical harm or offensive contact, such as hitting, slapping, or pushing someone.
Example: Striking someone with a fist or any other object is battery, as it involves physical contact with the victim.
where can the charging standards for battery be found
under section 39 of the criminal justice act 1988
what is the maximum charging sentence
the sentence can be a maximum of £5000 fine and or 6 months in prison
12 months prison for more than 1 battery
what kind of offence is battery
summary offence
what is the actus reus for a battery
the unlawful application of force to the victim
what is the legal principle for Collins V Wilcock (1984)
the force must be unlawful and can include the slighest touch
what is the legal principle for Thomas (1985)
even touching of clothing can be sufficient for a battery
what is the legal principle for the case Haystead (2000)
a battery can also be committed through a direct or indirect act
this means the D does not have to physically touch V himself to be convicted of battery
what does is the legal principle for the case DPP v Santana-Bermudez (2003)
a battery can be comitted through an omission BUT ONLY if the D is under the duty to act
