Non-Fatal Offences
- Created by: Janki
- Created on: 08-12-14 11:26
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- Non-Fatal Offences
- Assault
- AR- The victim apprehends immediate unlawful violence
- Constanza - words can amount to an assault
- Tuberville v. Savage - words can negate a threat
- Ireland - silence over the telephone may be an assault
- Smith v. Chief Constable of WP - the victims fear need not be rationalised
- Lamb - no assault if the V does not fear violence
- MR - D intends or is reckless as to causing the victim to apprehend immediate unlawful violence
- Logdon - D reckless about scaring the victim
- S39 CJA
- AR- The victim apprehends immediate unlawful violence
- Battery
- AR - unlawful physical force is applied
- Haystead + DPP v. K - indirect battery
- Collins v. Wilcock - the least touching or another in anger is a battery
- MR - D intends or is reckless as to applying unlawful physical force
- Mohan - intent or recklessness to apply unlawful physical force must be demonstrated
- S39 CJA
- AR - unlawful physical force is applied
- ABH
- AR - there is an assault or battery leading to some injury
- Miller- any hurt or injury calculated to interfere with the health and comfort of the victim
- Chanfook - psychiatric harm
- T v. DPP - loss of conciousness would constitute ABH
- MR - D has the MR for assault or battery
- Savage - all that needs to be proven is that D intended the initial assault and that ABH occurred as a result
- S47 OAPA
- AR - there is an assault or battery leading to some injury
- GBH
- S20 OAPA
- AR - unlawful wounding or the infliction of GBH
- MR- D intends or is reckless as to infliction of some harm
- Mowatt / Parmenter - intention to recklessness as to causing some harm
- S18OAPA
- AR- unlawful wounding or the causing of GBH
- MR - D intends to cause serious harm or is reckless about causing serious injury when resisting arrest
- Mohan / Woolin - intent must be demonstrated
- Morrison - t is enough to foresee that some harm will be caused
- Eisenhower - a wounding must break all layers of the skin
- DPP v. Smith - 'really serious harm'
- Burstow - severe psychiatric harm
- Dica - biological harm
- Lewis - indirect GBH
- S20 OAPA
- Assault
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