Non-Fatal Offences

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  • 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
    • 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
    • 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
    • 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


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