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33 Cards in this Set

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Assault

Intentionally or recklessly cause V to apprehend imminent unlawful force.

Battery

Intentional or reckless infliction of unlawful personal force by one person

What case is the authority for this

Collins v Wilcock

s39 CJA 1998 - Assault

6 Months and Fine

Assault can be silence

R v Ireland

Words may negate an assault

Tuberville v Savage

Immediacy

Smith, Ireland

Generousness of courts - Harassment motivation

Constanza

Battery - Actual touching not necessary

Lynsey


- Shoplifter spat in eye.

Must be physical force

Ireland

Empty threats do not negate assault

Logdon v DPP


- imitation gun


- does not remove assault

May be applied indirectly

R v Martin

Committed by Omission

Fagan

ABH - s47

Five Years

Actual Body Harm - An injury calculated to interfere with health

Donovan

Psychiatric injury included

Chan-Fook

Mens Rea

Of Assault or Battery

Issues?

Meaning of ABH


Punishment


Correspondence - No separate MR, supported by Gardner, opposed Simester

GBH - s20

Anyone who unlawfully or maliciously inflicts GBH

AR Wound

Break in skin continuity - Moriarty v Brooks

Internal rupture of blood vessels will not constitute a wound

Eisenhower


- Burst blood vessel in eye.

Really serious harm

DPP v Smith


- Tried to shake policeman off car,


must have foreseen GBH - really serious harm

Injuries should be taken cumulatively in their totality

R v Grundy


- Collective injuries

Mens Rea - No need to predict seriousness

R v Savage

- Threw beer, accidentally threw glass too.

Subjective Test

R v Parmenter


- D handled baby improperly causing GBH, could he have foreseen this??

GBH WITH INTENT s18

Life in prison

MR is with serious intent

Taylor

Hate Crimes

C&D Act 1998 - increase in max sentence

Harassment - s1 Harassment Act

D ought to know conduct amounts to harassment - R v Coloughan

s4 - More serious

2 occasions which cause one to fear violence

5 years max

Henley

Legitimate courting and harassment

King v DPP

Stalking

s2a and s4a