offences against the person (non-fatal) Flashcards
(31 cards)
introduction
- general elements of criminal liability (Actus Reus and Mens Rea)
- offences against the person act 1861
- five non fatal offences: Assault, battery, ABH, GBH + GBH w intent
- CPS charging standards determine which offence the D should be charged with
what type of offence is assault?
summary
what is the AR for assault?
an act which causes a victim to apprehend immediate fear of violence
Collins v Wilcock
d - suspect (alleged prostitute) - police officer grab arm / she scratched arm - assault
She was charged with assaulting a police office
Logdon v DDP
as a joke pointed gun at V - it was a replica but terrified V
Ireland
silent telephone calls - apprehend the immediate fear of violence - shows doesn’t have to be physical
Constanza
letters - apprehend the immediate fear of violence
Burstow
The defendant and victim were engaged in a short romantic relationship, which the victim ended. Unhappy with this decision, the defendant proceeded to harass the victim over several months, making repeated phone calls, delivering hate mail, appearing unexpectedly, harassing her neighbours, inter alia, causing her to sustain psychiatric injury (severe depression).
Tuberville v Savage
A man placed his hand on his sword and told another, “If it were not assize-time, I would not take such language.” The justices of assize were in town
Smith v Chief superintendent
stood at window - frightened V
rules/key points
- words can amount to assault
- words can take away liability for assault
- threat has to be ‘immediate’ - can be interpreted by courts
what is the MR for assault?
recklessness (basic intent crime)
- s39 of criminal justice act
Cunningham
Gives the definition of recklessness, which is the mr for assault
R v Savage
Glass of beer thrown - didn’t intend to throw grass
What is another key piece of legislation?
S39 of criminal justice act
What type of offence is battery
Summary offence
What is the AR for battery?
Use of force - laying your hands on someone else
Collins v Wilcocks (battery)
d - suspect (alleged prostitute) - police officer grab arm / she scratched arm - assault
She was charged with assaulting a police office
Force = unlawful
Haystead v DPP
Man punched woman, causing her to drop child - assault
Fagan
Car on police officers foot = assault
R v Thomas
Caretaker convicted of indecent assault on students
What is common assault?
Assault + Battery
What section is ABH? And what type of offence?
S47 - triable either way
What is the AR of ABH?
1.) assault or battery
2.) occasioning actual bodily harm - chain of causation established
3.) actual bodily harm
