Non fatal offences

Which act amends NFO

Offences Against the Person Act 1861

What is the AR for assault

V apprehends infliction of immediate and unlawful force

What did R v Ireland establish

Phone calls can amount to assault

What did R v Constanza establish

Words alone can constitute to assault, without the presence of physical action if it causes V to apprehend the infliction of unlawful and immediate force

What did Tuberville v Savage establish

Assault requires both the intention and the act of assault

What did Smith v Woking establish

Immediate means in the imminent future

Whats the MR of assault

D intends for V to fear immediate, unlawful force or is reckless as to whether such fear is caused

What did Logdon v DPP establish

It’s not necessary for D to intend to cause fear

What is the AR of battery

The application of unlawful force to another

What did Collins v Wilcock establish

No harm or pain is needed

What did Fagan v MPC establish

It must be a continuing act

What did DPP v Khan establish

Act can be indirect

What did R v Santa-Bermudez establish

If D’s failure to act causes force to be applied to a person they are liable

What is the MR for battery

D has intent to apply unlawful, physical force to another or be subjectively reckless as to whether it is applied

What did R v Parmenter establish

Only necessary that any degree of harm be foreseen

What is the AR for s47

Assault/battery occassioning actual bodily harm

How does Miller define ABH

Any hurt or injury calculated to interfere with the health or comfort of V

What does ABH include

scratches, grazes or bruises

What did DPP v Smith establish

Physical harm which does not include pain can amount to ABH

What did T v DPP establish

Causing V to lose consciousness amounts to ABH

What did Chan Fook establish

Psychiatric injury requires medical evidence

What did R v Brown establish

In the absence of good reason V’s consent is not a defence

What is the MR of s47

Intention to commit assault or battery or recklessness as to whether it is committed

What did R v Roberts establish

No mens rea required for resulting ABH

What is the AR of s20

Malicious wounding or inflicting grevious bodily harm

Define grevious bodily harm

Very serious harm

What does R v Bollom establish

Unique circumstances of V should be considered

What does R v Dica establish

Spreading of STD can amount to gbh

What does R v Burstrow establish

Psychiatric harm can be gbh

How does JCC v Eisenhower define wound

Cut or break to the skin

What is the MR for s20

Intention to malciously cause some harm or be reckless as to whether it is caused

What did Mowatt establish

D does not need to foresee risk of harm

what does malicious mean

intent to do particular kind of harm or be reckless with it

What is the AR of s18

wounding or causes gbh with intent

what does cause mean

D’s act was the substantial cause of wound or gbh

what is the MR for s20

intention to cause some gbh or resist/prevent apprehension of any person R v Morrison

What did R v Taylor establish

Intent to wound is not sufficient