Criminal law: Non-fatal offence

Common law offences

Assault and battery

Sentencing for assault and battery

S.39 of criminal justice act

6 month max sentence

AR of assault

Any act that causes V to apprehend immediate infliction of unlawful personal violence

MR of assault

Intention to cause the V to apprehend unlawful and immediate violence or recklessness whether for such an apprehension to caused

Battery AR requirements

No need for direct contact

Violence must be immediate

Violence must be unlawful

Battery AR requirement cases

Apprehending violence - Logdon

Violence must be immediate - Ireland

AR of battery

Unlawful application of force to another

Thomas

Court held that touching someones clothes when they are being worn is the same as touching them

Consent

Consent can make the touching lawful

Can be implied in normal circumstances

R v Jones

Convictions of GBH quashed after defence of consent to rough and undisciplined horseplay

Haystead v DPP

D punched his girlfriend causing her to drop the baby

D convicted of battery on the baby

Possible to commit a battery by indirect force

MR of battery

R v Venna

D intentionally or recklessly applied the force to another

Basics ABH and GBH

They are statutory offences

Come from Offences Against the Person Act

Max sentence for both is 5 years

Which Section and Act is ABH

S.47 of OATP

AR requirements for Assault Occasioning ABH

Prove that either an assault or battery had occurred

That the assault or battery brings about the consequence

Any kind of harm but must be wholly insignificant

R v Smith (2006)

D held down ex-girlfriend and cut hair off

Proves ABH is not limited to the skin

R v Miller 1954

Any hurt or injury with interferes with the health or comfort of the V

MR of Assault Occasioning ABH

Intention or recklessness to cause assault/battery

R v Roberts 1971

D had MR for battery

Resulting injuries were a consequence of his actions

R v Savage 1991

D had the MR to cause a battery but consequences were such that the offence was upgraded in seriousness

Court ruled that maliciously meant intentionally or recklessly

Section and Act of assault occasioning GBH?

S.20 and 18 of the OATP

GBH AR requirements

Act must be unlawful

Consent must be genuine

Both layers of skin must be broken - wound

GBH is present

JCC v Eisenhower

V hit by airgun pellet in eye only suffered bruising and internal bleeding so no “wounding”

Brown & Stratton

Build up of minor injuries totalled to GBH

S.20 MR

Intending to or recklessly causing some bodily harm

R v Parmenter 1991

D injured young baby by tossing him around in an acceptable way

Didn’t realise could cause some harm

Court held not necessary for D to foresee GBH, but only some harm

S.18 MR

Specific intent to cause harm/GBH

Belfon 1976

D slashed V with razor causing serious facial wounds

Court held to be charged under S.18 specific intent must be proven

Assault plan

Intro

• Any act that causes the V to apprehend an immediate infliction of unlawful personal violence - Fagan v MPC

• Common law offence

• S.39 OATP

AR

• V does not need to fear - R v Lamb

• No need for there to be a threat - Logdon v DPP

• Silence is sufficient - R v Ireland

• Must be part of current activity - Smith v CC of Woking

• Violence must be unlawful

MR

• Intention or recklessness to cause V to apprehend immediate violence - R v Savage

Battery plan

Intro

• Common law offence

• S.39 OATP

• Unlawful application of force to another - R v Ireland

AR

• Application need not be direct - R v Haystead

• Consent can make it lawful - R v Jones

• Force used can be slight (clothes) - R v Thomas

• Must be physical force - Faulkner v Talbot

MR

• Intention or recklessness to apply unlawful force - R v Venna

GBH plan

Intro

• S.18/20 OATP

AR

• Must have either n assault or battery - R v Clarence

• Unlawful force - Cannot consent

• Wound - Must break first two layers of skin - JCC v Eisenhower OR GBH - serious harm - R v Brown & Stratton

• Infliction can be indirect - R v Wilson

MR

• S.20 - Intent or recklessness to cause some harm - R v Savage

• S.18 - Intent to cause serious harm - R v Belfon

ABH plan

Intro

• S.47 OATP

AR

• Must have either an assault or a battery

• Must interfere with the health/comfort of the V - R v Miller

• Harm can be psychiatric - Chan Fook

MR

• Intention or recklessness to cause an assault or battery