Non fatal offences

Criminal Justice Act 1988

States sentences of battery and assault and that they’re summary offences

maximum sentence for common assault

6 months imprisonment

maximum sentence for s.47 and s.20

5 years imprisonment

maximum sentence for s.18

life imprisonment

s.47 Offences Against the Person Act 1861

Assault Occasioning Actual Bodily Harm

s.20 Offences Against the Person Act 1861

Malicious wounding or inflicting grievous bodily harm

s.18 Offences Against the Person Act 1861

Wounding or causing grievous bodily harm with intent

Smith v Woking Police

D looked through V’s window. Although D was still outside, V didn’t know what would happen next but apprehended immediate unlawful force.

Ireland

Silent phone calls which caused a psychiatric injury that amounted to ABH

Tuberville v Savage

Words can prevent assault by making it clear violence isn’t going to be used

Logdon

D recklessly caused V to apprehend immediate unlawful force by pointing an imitation gun

Collins v Wilcock

Any touching can amount to a battery

Thomas

Touching someone’s clothes whilst they were them is equivalent of touching them and therefore a battery

DPP v K

Battery can be an indirect act

Santana-Bermudez

Omission can form a battery

Venna

D committed battery recklessly by struggling with police officer trying to arrest him

Miller

ABH means any injury more than trivial

DPP v Smith

Cutting a ponytail is ABH

T v DPP

Momentary loss of consciousness is ABH

Savage

No need to intend whether ABH is caused. D threw beer in V’s face but glass slipped.

Eisenhower

Wounding means breaking 2 layers of skin not internal bleeding or a bruise or an abrasion

DPP v Smith

GBH is serious harm such as broken limbs, dislocation or a permanent disability

Bollom

Severity of injury amounting to GBH is assessed to age and health of V

Brown & Stratton

Several minor injuries can amount to GBH

Recklessly causing some harm is men’s rea for GBH s.20

Paramenter

Being reckless isn’t enough for MR GBH s.18

Belfon

Intention to wound isn’t enough for MR GBH s.18

Taylor

Intention to resist arrest with foresight of some harm is MR for GBH s.18

Morrison