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25 Cards in this Set
- Front
- Back
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non fatal offences |
-assault -battery -s47 OAPA - assault occasioning ABH -s20 OAPA - maliciously wounding or causing GBH -s18 OAPA - wounding or causing GBH with intent |
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assault |
NEED apprehension of force communication of the threat imminence MENS REA - intentionally or recklessly |
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apprehension of force |
Logdon v DPP - you dont need an intent to carry out a threat - even if you dont intend to ever imply force still can be liable R v Ireland - silence can equal apprehension of force R v Constanza - 800 letters and phone calls ec - words alone can equal an assault |
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communication of threat |
Tuberville v Savage - words can sometimes negate an assault R v Ireland - silence can communicate a threat |
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imminence |
Smith v Super intendant of woking police station - immediate does not mean instantaneously Constanza - fear soon not excluding the immediate future Ireland same as above |
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MR - intention/reckless |
Venna - if D thinks that V may have apprehension talked about in AR Spratt - recklessness means that D must have had some idea of the risk Parmenter and Savage - D doesnt need MR in terms of the harm that was inflicted merely foreseeability that some harm may come about |
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BATTERY |
AR -touching -everyday touching -hostility MR -intent/recklessness |
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touching |
Thomas - any unlawful touching is a battery Kingston and Clarence - sex whilst knowingly having STI Fagan v MPC - driving onto foot and not getting off equals battery DPP v K - does not have to be direct (hairdryer) DPP v Santana bermudez - can be committed by an omission eg omission to tell PO about needle in pocket |
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Everyday touching |
Collins v Wilcock - PO took hold of womens arm which equalled a battery KD v CC of Hampshire - touching not consensual |
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hostility
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Brown - unless in public interest if consent given it does not count |
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MR - same as assault |
Venna - needs to foresee V may have apprehension as AR Spratt - reckless must have some idea of the risk Paramenter - D doesnt need MR for harm inflicted merely that some harm will come about |
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CPS charging standards on battery |
-grazes -bruises -black eyes |
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CPS charging standards on ABH |
-broken teeth/jaw -multiple/extensive bruising -temporary loss of sensory function -minor fractures |
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CPS charging standards on GBH |
-extensive treatment -sufficient visible disfigurement -broken limbs/skull -permanent disaility/loss of sensory function |
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s47 OAPA Assault occassioning ABH |
AR - assault/battery -occasionaing -abh MR Paramenter + MR for assault/battery |
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assault/battery |
Roberts - jumped from car - this was seen as reasonable reaction |
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occasioning |
Ireland - silent phone calls caused the psychiatric injury Roberts - his assault caused the ABH |
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ABH |
Miller - any hurt or injury which interferes with health or comfort Chan Fook - not so trivial which means that it is wholly irrelevant |
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MR |
only need MR for assault/battery. No need for intent or even foresee ABHs |
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s20 OAPA maliciously wounding/causing GBH |
AR - wound -inflict MR - intent or reckless |
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wound |
has to cut through two layers of the skin. in exam - cut or laceration Eisonhower |
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infliction |
clarence - sti therefore inflicting through sex. consent to sex does not equal consent to sti wilson - branding skin is infliction dica - same as clarence |
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MR |
malicious = intent or recklnessness Mowatt - if D clearly intended harm then intent satisfied Cunningham - reckless = foreseen harm but done it anyway! |
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s18 OAPA wounding or GBH with intent |
AR -same as s20 MR - intent to GBH |
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MR |
Belfon - must prove there was intent for GBH Morrison - malice must be shown if intent to resist arrest is relied on |
