Actual Bodily Harm
- Created by: amberjedxo
- Created on: 06-01-19 14:27
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- Actual Bodily Harm
- Any Assault
- Assault
- Actus Reus- An act which causes the victim to apprehend immediate and unlawful violence
- Apprehend
- Apprehend = Anticipate
- R V Lamb
- Apprehend = Anticipate
- Immediate
- Didn't know what the D was going to do next, just that it was of a violent nature
- Smith v Chief Constable of Woking Police
- The possibility of an attack, doesn't need to be rational
- R v Burstow
- Didn't know what the D was going to do next, just that it was of a violent nature
- Unlawful
- Lack of defence e.g no consent
- Act
- Can be words or silence
- Constanza
- Ireland
- Words can negate the assault
- Tuberville v Savage
- Can be words or silence
- Apprehend
- Mens Rea- direct intention or subjective recklessness
- R v Savage
- Actus Reus- An act which causes the victim to apprehend immediate and unlawful violence
- Battery
- Actus Reus- Application of unlawful physical force on another
- Ireland; Burstow
- Application can be direct or indirect
- R v Martin; DPP v K; Haystead
- Any touching, however slight can amount to battery
- Cannot be unavoidable everyday touching
- Collins v Wilcock
- Cannot be unavoidable everyday touching
- Touching a persons clothes is amount to touching the person
- R v Thomas
- Can be through omission but only if there is DUTY to act
- Santana- Bermudez
- Hostility is necessary but if act unlawful then it is hostile
- Brown and others
- Mens Rea- direct intention or subjective recklessness
- Venna
- Actus Reus- Application of unlawful physical force on another
- S.39 of the Criminal Justice Act 1988
- Assault
- Definition
- Whosoever is convicted on indictment of any assault occasioning actual bodily harm shall be liable to not more than 5 years
- s.47 of the Offences against the person act 1861
- Harm
- Level of Harm
- Some harm; physical or psychological
- Physical
- Miller- any hurt or injury calculated to interfere with the health or comfort of the victim
- Psychological
- Chan Fook- mere emotions such as panic, fear and distress will not suffice
- Level of Harm
- Occasioning
- Apply causation cases UNLESS there is direct contact
- Mens Rea
- Direct intention or subjective recklessness
- Savage; Parmenter
- Direct intention or subjective recklessness
- Any Assault
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