non-fatal offenses against the person Flashcards
(47 cards)
What is the actus reus of assault?
Causing the victim to apprehend immediate unlawful force (can be words/silence, per R v Ireland).
What is the mens rea of assault?
Intent or recklessness to cause apprehension of harm (R v Cunningham).
What statute governs common assault and battery?
Section 39, Criminal Justice Act 1988 (max penalty: 6 months/unlimited fine).
R v Ireland (1998) – How can psychological harm amount to assault?
Silent phone calls causing psychiatric injury = ABH/GBH under ss.47/20 OAPA 1861.
Quote: “A thing said is also a thing done.” – Lord Steyn.
Tuberville v Savage (1669) – How can words negate assault?
If words show no immediate threat (e.g., “If it weren’t for the officers, I’d hit you”).
R v Venna (1976) – What mens rea applies to battery?
Recklessness suffices (D need not intend harm, just foresee risk).
Quote: “Recklessness is sufficient to establish intent for assault.” – LJ James.
Collins v Wilcock (1984) – When is touching not a battery?
Implied consent for minor social contact (e.g., bumping vs. grabbing).
Quote: “Any touching, however slight, may amount to battery.” – Goff LJ.
DPP v Santana-Bermudez (2003) – Can omission be battery?
Yes – D lied about having needles in pockets, causing officer injury during search.
What is the actus reus of ABH?
Assault + actual bodily harm (physical/psychiatric harm, per R v Chan-Fook).
DPP v Smith (2006) – Does cutting hair count as ABH?
Yes – Serious hair cutting violates bodily integrity.
R v Savage (1992) – What mens rea is needed for s.47?
Only intent/recklessness for the assault (not the harm itself).
s.20 vs. s.18 GBH – What’s the difference?
- s.20: Reckless GBH/wounding (max 5 yrs).
- s.18: Intentional GBH/wounding (max life).
R v Dica (2004) – Can transmitting HIV be GBH?
Yes – Reckless transmission = s.20 GBH.
R v Konzani (2005) – Does consent defend s.20 GBH?
No – Victims must knowingly consent to the risk (e.g., unprotected sex with HIV+ partner).
R v Golding (2014) – Does herpes transmission qualify?
Yes – If it causes serious harm, it’s s.20 GBH.
AG’s Ref (No 6 of 1980) – Is consent a defence to street fights?
No – Consent only valid in regulated activities (e.g., sports).
R v Brown (1994) – Does consent allow sadomasochistic harm?
No – Public policy prohibits consensual serious harm (“cult of violence” – Lord Templeman).
R v Wilson (1996) – Why was branding lawful?
Private consensual act akin to tattooing (distinguished from Brown).
R v Burstow (1998) – Can stalking cause GBH?
Yes – Severe depression from harassment = psychiatric GBH under s.20.
R v Thomas (1985) – What constitutes battery?
Even touching clothing without consent (e.g., skirt-holding).
What are the three key OAPA 1861 sections for non-fatal offences?
- s.39 (CJA 1988): Common assault/battery.
- s.47: ABH (assault + harm).
- s.20: Reckless GBH.
- s.18: Intentional GBH.
What is the offence under Section 18 OAPA 1861?
Wounding with intent to do grievous bodily harm
What is the actus reus of Section 18?
maliciously wounding or causing grievous bodily harm. It refers to the term cause’ as opposed to ‘inflict’ and though they are not the same (R v Ireland, Burstow (1997)) they have been taken to mean that causation is required
actus reus of GBH
What is the mens rea of Section 18?
- d must ‘maliciously’ wound or cause grievous bodily harm
- d must have specific intent to either
* cause grievous bodily harm to the victim
* or to resist or prevent the lawful apprehension or detention of any person
mens rea of GBH
