non-fatal offences

What is a common law offence charged under ?

Charging is under S39 of the criminal justice act 1988

What is a common law offence ?

Summary offence

Whats the maximum sentence ?

6 months

What is the actus reus for assault ?

An act causing V to apprehend to infliction of immediate, unlawful force

What case is this seen in ?

Collins v Wilcock

What is it judged from ?

V’s perspective so if V believed D could be anywhere it may still be immediate

What case shows this ?

R v Constanza

What is an act ?

Requires some positive act

What can include this ?

Words R v Contanza

What does R v Ireland show ?

Silent telephone calls can be assault

What does apprehend immediate unlawful force mean ?

Act/word cause victim to expect or anticipate force from D against themselves

When is there no assault ?

If the situation is that is such that D cant actually use force

What case shows ?

R v lamb

What must the force that is threatened be ?

Unlawful

What does Tuberville v Savage show ?

Words indicating that there will be no violence might prevent an act from being assault

What is the men’s Rea for assault ?

An intention to cause another fear

Immediate unlawful personal violence or subjective recklessness as to whether such fear is caused

What is the actus reus for battery ?

The infliction of unlawful force or another person

What is force ?

Misleading as can include slightest touching

What case shows this ?

Collins v Wilcock

What is it meant by application/ inflictions of force ?

Proof that D has actually inflicted personal violence on the victim

What does it include ?

Any unlawful contact with another

What is it meant by force ?

No injury needed

What is direct force ?

Applied directly yo V, has to be suffiencnt to touch V’s clothes whilst being word - R v Thomas

What is indirect intent ?

D causes force to be applied even though they don’t personally touch the victim (DPP v K)

What are lord Goff’s guidelines for the word unlawful ?

Some battery is part of everyday implied consent (handshakes, bumbling into someone, back slapping)

What case is this from ?

Collins v Wilcock

What is it meant by omission or continuing act ?

It’s possible for battery to apply via continuing act - Fagan v MPC

It’s possible to commit battery by omission - R v Santa - bemeduz

What is the men’s Rea for battery ?

An intention to apply unlawful physical force to another pr subjective recklessness as to whether unlawful force is applied R V Venna

What is assault occasioning actual bodily harm ?

S47 offences against the person act 1861, triable either way offence, max 5 years imprisonment

What is the actus reus for S47 ?

D commits an assault or battery occasioning ABH

What is the case for assault or battery ?

R v Robert’s

What does it mean occasioning ?

Meaning cause R v Chan-Fook

What does this mean ?

Assault or battery must cause the ABH

What applies:

Normal principles for caution apply: legal and factual

What is factual causation ?

It must be proved that ABH would not have occurred but for the initial assault or battery

What is legal causation ?

Must be established that the assault or battery is an operating and substantial cause of the ABH by establishing an unbroken chain of causation

What does ABH include ?

Hurt or injury calculated to interfere with health or comfort of the victim

What case shows this ?

R v Miller

What are some examples of?

Scratches, bruises, abrasions, swelling, cutting ponytails (DPP V Smith), brief unconsciousness (T v DPP)

What does R v Chanfook show ?

Harm cant be trivial as to be significant

What does R v Ireland show ?

Inlcude where V has suffered physical or phsyciatric injury

What is the men’s Rea for S47 ?

Only need MR for the base offence - R v Robert’s

D does not need to foresee any harm being caused - R v Parmenter

What is the unlawful wounding or inflicting GBH charged under ?

S20 offences against the person act 1861

What is the offence ?

To maliciously inflict GHB or wound the victim, triable either way offence

Whats the max sentence ?

5 years

Whats the actus reus for S20 ?

The defendant wounds or inflicts GBH to another

What is meant by unlawful ?

Can’t be consented to

What case shows this ?

R v Brown

What does inflicting mean ?

Defendants actions have led to the consequence of the victim suffering GBH

What applied to inflicting ?

Causation

What is not required according to R V Burstow ?

Physical force

What is GBH ?

Really serious harm - DPP v Smith

What can be relevant to serious harm ?

V’s characteristics (R v Bowen)

What are examples of GBH ?

Brief unconsciousness - R v Hicks

Biological GBH (transmission of HIV) R v Dical

Recognised psychiatric injury if severe enough R v Bustour

What is wounding ?

Cut or a break in the continuity of the whole skin, can include a minor cut

What must it be ?

External

What case shows this ?

R v Einsenhower

Whats the men’s Rea for S20 ?

Must be committed maliciously

What does maliciously mean ?

Either:

• intend to do some harm but not serious harm

• It can be done reckless (r v parmenter)

What happens if it’s done recklessly ?

D must appreciate the risk of at least some harm - extent doesn’t need to be foreseen

What case shows this ?

R v Mowatt

What is malicious wounding or inflicting GHB with intent to do some GBH charged under ?

S18 offences against the person act 1861

What is the offence ?

To intend to maliciously wound or cause GBH, indicatable offence

Whats the maximum sentence ?

Life imprisonment

Whats the actus reus for s18 ?

D maliciously wounds or causes GBH on another

What is cause given ?

It’s ordinary meaning, d factually and legally caused the injury

What must it be ?

Unlawful

What is the men’s Rea for s18 ?

D intends to do GBH or intends to resist lawful arrest

What does do GBH mean ?

Can just be wound

What does there need to be ?

Proof that there is intention to cause seriously bodily harm

What case shows this ?

R v Taylor

What does resist or prevent the lawful apprehension of detainment of any person mean ?

If any injury is caused whilst resisting arrest then its possible to just prove recklessness in relation to this injury

What case shows this ?

R v Morrison

EVALUATION: what is out of date in regards to mental health ?

Not sure whether V’s suffereing mental health was included, Chan Fook developed this

EVALUATION: what is out of date with transmission of disease ?

Limited understanding in 1861, gap filled by R v Golding

EVALUATION: what is out of date with cosmetic surgery and body adornments ?

Didn’t exist when the act was enacted consent - r v melin

EVALUATION: what is inconsistent and overlapping in S47 ABH ?

Same men’s Rea for assault or battery, doesn’t require D to intend or realise risk or injury, S47 max 5 years B/A 5 months max

EVALUATION: what is inconsistent and overlapping about cuts ?

Small cut can be charged with s20 instead of s47. Many different levels of cuts.

EVALUATION: what is inconsistent and overlapping in the sentencing of S47 and S20 ?

Same yet s20 is meant to be more serious offence

EVALUATION: what is confusing language or definitions with maliciously ?

S20 acting delbitertaly and with ill-will towards V but 1861 this was held to mean D either intended to do the type of harm done or was reckless

EVALUATION: what is confusing language or definitions with Inflict or cause ?

S20 uses word inflict s18 uses word cause - Burstow 1997 meant same thing

EVALUATION: what is confusing language or definitions with Assault ?

Used in different ways

EVALUATION: what is confusing language or definitions with Wounds ?

No statutory definition, judges tried to fill the gap in JCC v Eisenhower which led to many illogical distinctions and injustices, too broad definition

What is the correspondence principle ?

Offences in the act do not conform to the principle which D must intend or foresee should match the results which actually occured. D can be guilty of an S20 offence without intending or being realest as to causing any harm