Non Fatal Offences Against The Person

Front 1

Where is the charging standard for assault?

Back 1

S39 Criminal Justice Act 1988

Front 2

What law offence is assault?

Back 2

Common law

Front 3

Punishment for assault

Back 3

6 months imprisonment and/or £5000 fine.

Front 4

Define assault

Back 4

An act by which the defendant intentionally/recklessly causes the victim to apprehend immediate and unlawful personal violence.

Front 5

Actus reus of assault

Back 5

Causing the victim to apprehend immediate and unlawful personal violence.

Front 6

Mens rea of assault

Back 6

Intentionally/recklessly causing the victim to apprehend immediate and unlawful personal violence.

Front 7

Smith v Woking (1983)

Back 7

Defendant broke into private garden at night and looked into the bedroom window of the victim making her terrified he was about to enter the room, even though he was outside and no attack could be made at that moment. Court heard the basis of her fear was that she didn't know what he was going to do next but it was going to be violent so he was convicted of assault.

Front 8

Ireland (1997)

Back 8

Defendant made silent phone calls to 3 different women who all ended up developing psychiatric problems. Court held this could amount to assault as they feared the use of immediate, unlawful, personal violence.

Front 9

Constanza (1997)

Back 9

Defendant wrote 800 letters to the victim who interpreted the last 2 as clear threats. The Court of Appeal held this was enough to amount to assault as it was enough to fear violence was going to be used, not excluding the immediate future.

Front 10

What does Constanza (1997) demonstrate?

Back 10

That verbal or written words can amount to an assault.

Front 11

Define battery

Back 11

An act by which the defendant intentionally/subjectively recklessly inflicts unlawful force to another.

Front 12

Where is the charging standard for battery found?

Back 12

S39 of the Criminal Justice Act 1988

Front 13

Punishment for battery

Back 13

6 months imprisonment / £5000 fine

Front 14

Actus reus of battery

Back 14

Inflicting unlawful force to another.

Front 15

Mens rea of battery

Back 15

Intentionally/subjectively recklessly inflicting unlawful force to another.

Front 16

Common assault

Back 16

Assault and battery

Front 17

Case which supports common assault

Back 17

DPP v Little (1992)

Front 18

Example of common assault

Back 18

Raising of a fist = assault

Punching victim = battery

Front 19

Collins v Wilcock (1984)

Back 19

Held that battery could amount to the slightest touch.

Front 20

Fagan (1969)

Back 20

Can be a "continuing act".

Front 21

DPP v K (1990)

Back 21

Can be indirect without touching victim.

Defendant put acid in hot air hand drier so the next user would be sprayed.

Front 22

Haystead (2000)

Back 22

Defendant punched mother holding her child causing the child to fall to the floor.

Front 23

Is there any level of injury required for battery?

Back 23

No

Front 24

Recklessness subjective test for battery

Back 24

Defendant must realise risk of physical contact and decide to take that risk.

Front 25

Indirect battery

Back 25

Defendant may injure victim without intent.

Front 26

Martin (1881)

Back 26

Defendant placed iron bar across the exit of a theatre, turned the lights out, and shouted "fire", causing people to panic and run into the iron bar.

Front 27

S47 Offences Against The Person Act 1861

Back 27

Assault occasioning actual bodily harm

Front 28

What is the punishment for assault occasioning actual bodily harm?

Back 28

5 years imprisonment

Front 29

What law offence is S47

Back 29

Statutory

Front 30

What offence is S47

Back 30

Summary offence

Front 31

Define S47

Back 31

"Whoever shall be convicted of any assault occasioning actual bodily harm shall be liable...to imprisonment for 5 years".

Front 32

Which case defined ABH?

Back 32

Chan Fook (1994)

Front 33

Define ABH

Back 33

"Any hurt of injury calculated to interfere with the health or comfort of the victim, providing it is not merely transient or trifling".

Front 34

What can amount to ABH?

Back 34

Bruises, scratches, broken nose, psychiatric injury.

Front 35

Actus reus of ABH

Back 35

An assault/battery in which any level of injury takes place.

Front 36

Mens rea of ABH

Back 36

Same as assault/battery.

Front 37

R v Roberts (1971)

Back 37

Defendant guilty of ABH even though they had no intention of injury/realised the risk of injury.

Front 38

T v DPP (2003)

Back 38

Defendant caused victim to lose consciousness which amounted to ABH.

Front 39

R v Savage (1991)

Back 39

Woman threw beer over other lady but the glass slipped from her hand and cut her victim. The defendant claimed she only intended to throw the beer, not for her to be cut, not did she realise the risk of this injury. Guilty of S47 offence as the fact she intended to throw beer over victim was sufficient mens rea.

Front 40

S20 Offences Against The Person Act 1861

Back 40

Unlawfully and maliciously wounding/inflicted GBH.

Front 41

What is the punishment for a S20 offence?

Back 41

5 years imprisonment

Front 42

What offence is S20?

Back 42

Triable either way

Front 43

Define S20 offence

Back 43

"Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of an offence and shall be liable...to imprisonment for not more than 5 years".

Front 44

Actus reus of S20

Back 44

Voluntary act to wound or inflict GBH

Front 45

Mens rea of S20

Back 45

Intention / recklessness as to some harm.

Front 46

Which case defined "wound"?

Back 46

JCC v Eisenhower (1983)

Front 47

JCC v Eisenhower (1983)

Back 47

Defendant hit victim with a shotgun pellet that caused severe bleeding under the surface of the skin. It was held there was no cut so this was not a wound.

Front 48

Define "wound"

Back 48

A cut or break in the continuity of the whole skin.

Front 49

Which case defined "GBH"?

Back 49

Saunders (1985)

Front 50

Define "GBH"

Back 50

"serious harm"

Front 51

Bollum (2004)

Back 51

Court held that the age and health of the victim should be taken into consideration when assessing level of injury. In this case, the defendant bruised a 17 month old baby but was only charged with S47 as the same level of injury would be less severe on an adult.

Front 52

R v Dica (2004)

Back 52

Biological GBH. The defendant knew he had HIV and decided to have unprotected sex with 3 women who all contracted the disease. He did not make them aware he had the condition.

Front 53

S18 Offences Against the Person Act 1861

Back 53

Wounding or causing grievous bodily harm with intent.

Front 54

S18 definition

Back 54

"Whoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of...an offence".

Front 55

Maximum punishment for S18

Back 55

Life imprisonment

Front 56

What offence is S18

Back 56

Specific intent. Trial on indictment.

Front 57

Meanings of "wound" and "GBH" in S18

Back 57

Same definitions as S20

Front 58

"Cause" in S18

Back 58

Very wide. Only necessary to prove that the defendant's act was a substantial cause of the wound/GBH.

Front 59

Mens rea for S18

Back 59

Defendant must be proved to have intended to:

Do some grievous bodily harm

OR

Resist or prevent the lawful apprehension or detainer of any person.

Front 60

Indirect intention for S18

Back 60

If the act the defendant does is virtually certain to cause grievous bodily harm and the defendant realises this, then this can amount to the sufficient mens rea.

Front 61

R v Moloney (1985)

Back 61

Defendant shot step father while intoxicated despite their good relationship. In this case, the foresight of consequences is not intention, it is only from which intention can be inferred or found.

Front 62

Nedrick (1986) and Woollin (1998)

Back 62

Intention cannot be found unless the harm caused was a virtual certainty as a result of the defendant's actions, and the defendant realised this.

Front 63

Resisting or preventing arrest intention

Back 63

If defendant is trying to resist/prevent arrest/detention, the level of intention regarding the injury is lower.

Prosecution must prove no specific intention to resist/prevent arrest, only that he intended/was reckless as to whether his actions would cause some harm or injury.

Front 64

Morrison (1989)

Back 64

Police officer seized defendant and told him she was arresting him. The defendant dived through a window, dragging the officer with him and she suffered bad cuts to her face. The Court of Appeal held that since the word "maliciously" is used, it must have some meaning as in Cunningham (1957). The prosecution must prove the defendant either intended injury or realised there was a risk of injury and decided to take that risk.