Law - Crime - Non-Fatal Offences

Ireland 1999

Silence and words may amount to an assault. ABH includes psychiatric illness but not “mere emotions”

Tuberville v Savage 1669

Words can prevent a gesture from being an assault

Smith v Woking 1983

Assault can be through a window if V fears that D is about to enter and be violent. Impact on V is the important factor.

Logdon 1976

D was reckless as to whether she would apprehend such violence. it was irrelevant that D did not intend to carry out threat.

Collins v Wilcock 1984

Any touching may be a battery and always is if there is physical restraint unless part of a lawful arrest

Thomas 1985

Touching someone’s clothing can be a battery if they are wearing the clothes

DPP v K 1990

A battery can be an indirect act (booby trap)

Santana-Bermudez 2003

An omission is sufficient for the Actus Reus of battery

Fagan v MPC 1968

Battery may be committed through a continuing act.

Venna 1976

Mens rea of battery defined as intentionally or recklessly applying force to another person

Miller 1954

ABH includes “any hurt or injury calculated to interfere with the health or comfort of the victim.” Must be more than trivial

DPP v Smith 2006

Cutting of a substantial amount if hair can amount to ABH

T v DPP 2003

A momentary loss of consciousness could be ABH

Savage 1991

Assault occassioning ABH only needs MR for assault or battery - not ABH

Eisenhower 1983

For a “wound” to exist 2 layers of the skin must be pierced.

DPP v Smith 1961

GBH defined as “really serious harm”

Bollom 2004

Age of victim must be considered when deciding if injury is GBH

Brown and Stratton 1997

Several minor injuries may amount to GBH

Burstow 1997

GBH covers serious psychiatric injury

Parmenter 1991

D must foresee the risk of some harm but need not intend or foresee that his unlawful act might cause serious injury.

Dica 2004

Infecting someone with a Biological disease may be GBH

Mowatt 1968

“Maliciously requires that D foresaw some harm might result - no need to prove intention for serious injury

Belfon 1976

Mens Rea of s.18 is intention to cause serious harm. Reckless not enough.

Taylor 2009

Intention to wound is not enough for MR of s.18. Must intend to do serious harm

Morrison 1989

Intention to resist arrest is enough for the mens rea of s.18