non-fatal offences against the person

what is the act for assault and battery?

s39 of the criminal justice act 1988

maximum punishment for assault or battery?

six months imprisonment or £5000 fine

definition of assault

an act which causes the victim to apprehend the infliction of immediate unlawful violence with either intention or recklessness

what is not sufficient to constitute an assault?

an omission

what case determined that letters could be an assault?

r v constanza

what case determined that silent phone calls can be assault?

r v ireland

what case demonstrates the necessity that the victim must apprehend immediate violence?

r v lamb

what case shows that immediate fear of assault can mean imminent?

smith v chief superintendent of woking police station

what case shows that words can negate an assault?

tuberville v savage

what case shows that words can not always negate an assault?

r v light

definition of battery?

the application of unlawful force to another person with either intention or recklessness

what case shows that the slightest touch can amount to assault?

colins v wilcock

what case shows that touching clothes can be battery?

r v thomas

what case shows that a continuing act can be battery?

fagan v metropolitan police commissioner

what case shows that battery can be committed through an indirect act, such as a booby trap?

dpp v k

can there be a battery without assault?

yes, such as when a person isn’t seen before the force

the mens rea of assault is?

an intention to cause another to to fear immediate unlawful personal violence, or recklessness as the whether such fear is caused

the mens rea of battery is?

an intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied

what is necessary for recklessness in assault?

the defendant must realise there is a risk that their acts/words could cause another to fear unlawful personal violence

what is necessary for recklessness in battery?

the defendant must realise there is a risk that their act or omission could cause unlawful force to be applied to another

is assault and battery a basic or specific intent crime?

basic intent

what does basic intent mean?

that if they commit a crime while intoxicated, they can still have the mens rea of recklessness

what case shows that intoxication can be the suitable mens rea for assault cases?

dpp v majewski

what case shows that an assault can be carried out recklessly

r v logdon

what case shows that battery can be carried out recklessly

venna

what is s47 abh, s20 gbh and s18 gbh tried under?

offences against the person act 1861

is s47 abh a summary, triable-either-way, or indictable offence?

triable-either-way

is assault a summary, triable-either-way, or indictable offence?

summary

is battery a summary, triable-either-way, or indictable offence?

summary

is s20 gbh a summary, triable-either-way, or indictable offence?

triable-either-way

is s18 gbh a summary, triable-either-way, or indictable offence?

indictable

actus reus of abh?

must have been an assault or battery that caused actual bodily harm

can abh be caused through just assault?

yes, as long as actual bodily harm has occurred such as injuries while escaping lawful apprehension

what case determined that actual bodily harm is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’?

miller

what case shows that loss of consciousness can be actual bodily harm?

t v dpp

what case shows that actual meant not so trivial as to be wholly insignificant?

r v chan fook

what case shows that cutting hair can amount to abh?

dpp v smith (michael)

what case shows that psychiatric injury, not mere emotions such as fear, distress or panic can also amount to abh?

r v chan fook

what is the mens rea for s47 abh?

intention or recklessness as to the assault or battery

what case shows that mens rea for assault or battery is enough for s47 abh

r v savage

what is s20 gbh also known as?

malicious wounding

what is the maximum punishment for s20 gbh and s47 abh?

5 years imprisonment

actus reus of s20 gbh?

malicious wounding or inflicting grievous bodily harm

what does wound mean?

a cut or break in the continuity of the whole skin

what case demonstrates what a wound is?

jjc v eisenhower

what case determined that grievous bodily harm means serious harm?

saunders

what case determined that the severity of injuries should be judged based on the victim’s age and health?

r v bollom

what case shows that serious psychiatric injury can amount to grievous bodily harm?

r burstow

what is the mens rea s20 gbh?

to have intention to cause, or be reckless, as to the causing of some harm

what does inflict mean in s20 gbh?

it only needs to be proven that the defendant’s actions led to the consequence

what case shows there is no need for the defendant to foresee the seriousness of the injury in s20 gbh?

r v parmenter

what case shows that gbh can be biological harm

r v dica

what case shows that it is enough to prove the defendant intended or foresaw that some harm might occur not would

dpp v a

what is the maximum punishment for s18 gbh?

life imprisonment

what is the actus reus of s18 gbh?

wounding or causing grievous bodily harm

what does ‘cause’ mean in s18 gbh?

only necessary to prove that the defendant’s act was a substantial cause of the harm

what is the mens rea of s18 gbh?

intention to do gbh or resist or prevent the lawful apprehension or detainer of a person

what does taylor show?

an intention to wound is not enough for s18 MR, it has to be done with

what is the level of intention for resisting arrest in s18 gbh?

specific intent to resist arrest, but only recklessness as to whether they would cause a wound or injury

what case shows the level of intention for resisting arrest is recklessness in s18 gbh?

r v morrison