Non-fatal offences

What are the 5 non-fatal offences?

• Assault

• Battery

• S.47 OAPA

• S.20 OAPA

• S.18 OAPA

Actus Reus of Assault

Causing the victim to apprehend immediate unlawful force

• Words are sufficient for an assault, whether written or verbal - R v Constanza (starts with letters then writing things on her door and stealing washing

• Silent telephone calls - R v Ireland (silent phone calls to 3 women)

• Gestures - Stephens v Myers (raised fist), Logdon v DPP (threatened with fake gun)

Meaning of apprehend

Victim must have a geniune belief that something violent is about to happen

Meaning of immediate

• Means imminent - in some cases it is open to interpretationand can cause inconsistent verdicts

• Smith v Chief Superintendent - D broke into V’s garden and looked at her through bedroom window late at night. V was terrified and she did not know what D’s next actions would be but she thought it to be likely of violent nature. Court gave immediate a wide definition; ‘the victim not knowing what the defendant will do next’

Mens Rea of Assault

Intention or recklessness as to causing the victim to apprehend immediate unlawful force

• Direct intention - the D’s main aim or purpose was to cause the V to apprehend immediate unlawful force (Mohan)

• Recklessness - the D knew there was a risk of causing the V to apprehend immediate unlawful force because of his actions but continued to take the risk (Cunningham)

Actus Reus of Battery

Applying unlawful force

Touching is required but for both assault and battery no injury is required

• Touching victims clothing can be sufficient - R V Thomas (caretaker became fascinated with material of girl’s skirt and touched the skirt)

• Lack of consent can make the touching unlawful - Collins v Wilcock (a police officer grabbed a woman's arm to stop her from walking away)

• An indirect act can amount to a battery - DPP v K (boy steals sulfuric acid and hides it in handryer where someone else uses dryer and acid touches him)

• A battery may be committed through a continuing act - Fagan v Police Commissioner (drove car onto policman’s foot)

• An omission can amount to battery providing there was a duty to act - DPP v Santana-Bermudez (failed to disclose a needle was in their pocket when searched

Mens Rea of Battery

Intention or recklessness as to applying unlawful force

• Direct intention - D’s main aim or purpose was to apply unlawful force (Mohan)

• Recklessness - D knew there was a risk of applying unlawful force because of his actions but continued to take the risk (Cunningham)

How can a person be charged with S.47?

1) Assault which leads to ABH = victim apprehends immediate unlawful force and suffers ABH

or

2) Battery which leads to ABH = D applied unlawful force and suffers ABH

Actus Reus of S.47

Assault occasioning actual bodily harm

Meaning of assault

• In s.47, ‘assault’ means assault or battery so the actus reus of either assault or battery mustbe proven as one of these must lead to ABH

• This double meaning has been criticised for creating confusion in the law

Meaning of occassioning

• Means causing

• Mst be proven that the D’s assault or battery caused the ABH

• Factual + legal causation must be proven

Meaning of ABH

• Defined in R v Miller as ‘any hurt or injury calculated to interfere with the health and comfort of the victim’

• Injury cannot be trivial or insignifcant as confirmed in R v Chan Fook

• ABH includes temporary loss of consciousness - T v DPP

• ABH includes damage to person’s hair - DPP v Smith

• Psychiatric harm could amount to ABH providing it is more than ‘mere emotions such as fear, distress or panic’ - R v Chan Fook

• Examples of ABH: extensive bruising, minor cuts and slashes, temporary loss of sensory functions, minor fractures, broken nose, sprained ankle, tooth-loss or chipping