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25 Cards in this Set

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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

assault

NEED


apprehension of force


communication of the threat


imminence


MENS REA - intentionally or recklessly

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

communication of threat

Tuberville v Savage - words can sometimes negate an assault


R v Ireland - silence can communicate a threat

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

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

BATTERY

AR


-touching


-everyday touching


-hostility


MR


-intent/recklessness

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

Everyday touching

Collins v Wilcock - PO took hold of womens arm which equalled a battery


KD v CC of Hampshire - touching not consensual

hostility

Brown - unless in public interest if consent given it does not count

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



CPS charging standards on battery

-grazes


-bruises


-black eyes

CPS charging standards on ABH

-broken teeth/jaw


-multiple/extensive bruising


-temporary loss of sensory function


-minor fractures



CPS charging standards on GBH

-extensive treatment


-sufficient visible disfigurement


-broken limbs/skull


-permanent disaility/loss of sensory function

s47 OAPA


Assault occassioning ABH

AR - assault/battery


-occasionaing


-abh


MR


Paramenter + MR for assault/battery

assault/battery

Roberts - jumped from car - this was seen as reasonable reaction

occasioning

Ireland - silent phone calls caused the psychiatric injury


Roberts - his assault caused the ABH

ABH

Miller - any hurt or injury which interferes with health or comfort


Chan Fook - not so trivial which means that it is wholly irrelevant

MR

only need MR for assault/battery. No need for intent or even foresee ABHs

s20 OAPA


maliciously wounding/causing GBH

AR - wound


-inflict


MR - intent or reckless

wound

has to cut through two layers of the skin. in exam - cut or laceration


Eisonhower

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

MR

malicious = intent or recklnessness


Mowatt - if D clearly intended harm then intent satisfied


Cunningham - reckless = foreseen harm but done it anyway!

s18 OAPA


wounding or GBH with intent

AR -same as s20


MR - intent to GBH



MR

Belfon - must prove there was intent for GBH


Morrison - malice must be shown if intent to resist arrest is relied on