Common Law Non-Fatal Offences

What are the two common law non-fatal offences?

Assault and Battery

What is the AR of assault?

Any act that causes V to apprehend the immediate infliction of unlawful force or violence.

How is the AR of assault committed?

If V is put in fear. It only matters what the effect on V is.

Logdon (1976)

Facts - D, as a joke, pointed a gun at V and said he was going to use it against V. She was terrified until D said it was a replica.

Principle - This can constitute an assault

Smith v CS for Woking (1983)

Facts - V was at home in her ground floor flat in a nightdress. D was in the garden staring through her window.

Principle - He had caused fear. Immediate means that V didn’t know what D was going to do next.

Ireland (1997)

Facts - D made a series of silent phone calls to V which then caused her mental injury.

Principle - Silence can constitute the fear of IUV.

Constanza (1997)

Facts - D wrote threatening words on V’s garage which he knew he would see.

Principle - An assault can be an omission

DDP v Santana-Bermudez (2004)

Facts - V was searching D when she was pricked by D’s hyper-dermic syringe.

Principle - He was under a legal duty to warn her but failed to do so. Assault by omission.

Tuberville v Savage (1669)

Facts - D equipped his sword and said “if the courts weren’t in town Id run this through your body”

Principle - D was not guilty because his words contradicted his actions

What is the MR of Assault?

The intention or recklessness as to putting V in fear of IUV.

Savage (1994)

Facts - D saw V’s new girlfriend at a pub. She went up to her intending to throw beer on her. She did but the glass also cut V’s wrist.

Principle - D must have at least been aware of the risk she was taking, that the glass would injure V.

What section of the Criminal Justice Act 1988 is Battery?

Section 39

What is the AR of a battery?

The unlawful application/infliction of a force to another.

What needs to be proved for a battery?

No harm needs to be proved, only that there was force which can be slight

Thomas (1985)

Facts - D touched the hem of a 12 year old girls skirt. He was charged with indecent assault.

Principle - Touching a person’s clothes while being worn is like touching the person.

K v the DPP (1989)

Facts - D put acid in a hot air dryer for hands. It was in the position for drying faces and it hit V in the face causing serious injuries.

Principle - This was an indirect battery - a battery does not have to involve direct contact.

Martin (1881)

Facts - D shouted ‘fire’ causing the theatre audience to run to the doors and be crushed.

Principle - Indirect battery - there was no contact

Haystead (2000)

Facts - D punched X whilst she was holding a baby, V, which caused X to drop V.

Principle - This was a direct battery on X and an indirect battery on V (transferred malice)

What case can be used for a battery if V harms himself while escaping?

Roberts (1971)

What case can be used for a battery caused by a continuous act?

Fagan (1969)

When can a battery be lawful?

If D is acting in self-defence.

What case contains the MR of battery?

Venna (1976)

Venna (1976)

Facts - D was arrested for a public order offence. He had struggled violently with the PC who was trying to arrest him.

Principle - The MR of battery is intentionally or recklessly applying force to another.