non fatal offences
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135 Terms
What are the main non-fatal offences against the person?
Assault, Battery, Assault Occasioning Actual Bodily Harm (ABH), and Grievous Bodily Harm (GBH).
What is assault?
Causing another person to apprehend immediate unlawful violence.
What is the AR of assault?
Causing the victim to apprehend immediate unlawful violence.
What is the MR of assault?
Intention or recklessness as to causing the victim to apprehend immediate unlawful violence.
Which case defines assault?
Irish (1998).
Facts of Irish?
Silent phone calls caused the victim to fear immediate violence. Words and conduct can amount to assault.
Can words amount to assault?
Yes.
Which case established that words alone can amount to assault?
Irish (1998).
Can silence amount to assault?
Yes.
Which case established that silence can amount to assault?
Irish (1998).
Can words negate an assault?
Yes.
Which case established this?
Tuberville v Savage (1669).
Facts of Tuberville v Savage?
D put his hand on his sword but said he would not attack because judges were present. No assault.
What is battery?
The unlawful application of force to another person.
What is the AR of battery?
Unlawful application of force.
What is the MR of battery?
Intention or recklessness as to applying force.
Which case defines battery?
Collins v Wilcock (1984).
Facts of Collins v Wilcock?
A police officer grabbed a woman's arm. Even minor touching can be battery.
How much force is needed for battery?
Only the slightest touching.
Which case established this?
Collins v Wilcock (1984).
Can indirect force amount to battery?
Yes.
Which case established this?
Haystead (2000).
Facts of Haystead?
D punched a woman causing her to drop a child. Indirect force was sufficient.
What is Actual Bodily Harm (ABH)?
An assault or battery causing actual bodily harm.
Which section creates ABH?
s47 Offences Against the Person Act 1861.
What is the AR of ABH?
Assault or battery causing actual bodily harm.
What is the MR of ABH?
The mens rea for the underlying assault or battery only.
Which case established this?
Savage; Parmenter (1991).
Facts of Savage?
D threw beer over a victim and the glass slipped causing injury. No need to intend ABH.
What does ABH mean?
Any hurt or injury that interferes with health or comfort and is more than transient or trifling.
Which case defines ABH?
Miller (1954).
Facts of Miller?
ABH includes injuries more than merely trivial.
Can psychiatric injury amount to ABH?
Yes.
Which case established this?
Burstow (1997).
Facts of Burstow?
Recognised psychiatric illness can amount to ABH.
Can cutting hair amount to ABH?
Yes.
Which case established this?
DPP v Smith (2006).
Facts of DPP v Smith?
Cutting substantial amounts of hair amounted to ABH.
What is GBH?
Really serious harm.
Which section creates GBH with intent?
s18 OAPA 1861.
Which section creates unlawful wounding/GBH?
s20 OAPA 1861.
What is the AR of s20?
Inflicting GBH or wounding.
What is the MR of s20?
Intention or recklessness as to some physical harm.
Which case established the MR for s20?
Mowatt (1968).
Facts of Mowatt?
D need only foresee some harm, not serious harm.
What is the AR of s18?
Causing GBH or wounding.
What is the MR of s18?
Intention to cause GBH.
Why is s18 more serious than s20?
It requires specific intent to cause serious harm.
What is a wound?
A break in both layers of the skin.
Which case defines a wound?
Eisenhower (1984).