Non-Fatal Offences

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  • Non-Fatal Offences
    • Assault
      • Common Law Offence
      • Criminal Justice Act 1988 s.39
        • Summary Offence
          • DPP v Little [1992]
          • Haystead v Chief Constable of Derbyshire [2000]
      • Summary Offence
        • DPP v Little [1992]
        • Haystead v Chief Constable of Derbyshire [2000]
      • Actus Reus - An act which causes another person to apprehend the infliction of immediate, unlawful force on his person
        • Collins v Wilcock [1984]
        • The victim must fear unlawful and immediate harm
          • R v Lamb [1967]
      • Mens Rea -  a defendant must have either direct, oblique or reckless intent to cause their victim to fear immediate harm
        • Immediately has been interpreted by the courts very broadly
          • Actus Reus - An act which causes another person to apprehend the infliction of immediate, unlawful force on his person
            • Collins v Wilcock [1984]
            • The victim must fear unlawful and immediate harm
              • R v Lamb [1967]
          • Smith v Chief Superintendent, Woking Police Station [1993]
          • R v Ireland and Burstow [1996]
          • R v Constansa [1997]
          • Logdon v DPP [1976]
          • Tuberville v Savage [1669]
      • Acts and Omissions - An act (rather than an omission) may be necessary!
        • Fagan v MPC [1969]
        • DPP v K [1990]
        • DPP V Santana-Bermudez [2003]
          • "Where someone (by act or word or a combination of the two) creates a danger and thereby exposes another to a reasonably foreseeable risk of injury which materialises, there is an evidential basis for the actus reus of an assault occasioning actual bodily harm"
            • s.47 Offences Against The Person Act 1861 (ABH - Actual Bodily Harm)
              • Actus Reus - It must be established that D committed the actus reus of assault or battery and then proved that the assault/battery caused ABH
              • Mens Rea - Same as assault or battery. Additional MR is not required for ABH
                • R v Roberts [1978]
              • Broadly interpreted definition by the courts
                • R v Miller [1954]
                  • Hurt or injury calculated to interfere with the health or comfort of the victim. "Hurt" was defined as not permanent but more transient or trifling
                    • T v DPP [2003]
                    • DPP v Smith [2006]
                • R v Chan-Fook [1994]
                  • Developed definition - Injury should not be so trivial as to be wholly insignificant, although the injury need not be permanent, and must not be really serious
                    • Hurt or injury calculated to interfere with the health or comfort of the victim. "Hurt" was defined as not permanent but more transient or trifling
                      • T v DPP [2003]
                      • DPP v Smith [2006]
    • Battery
      • Common Law
      • Criminal Justice Act 1988 s.39
        • Summary Offence
      • Actus Reus - The application of unlawful touch or violence on another
        • Any unlawful touch may amount to a battery
          • It is not necessary that the touch result in harm or hurt
            • R v Kingston [1994]
            • It must, however NOT be so trivial that it can be ignored within the de minimis range
          • Whether a touch is considered unlawful may be affected by issues such as consent, self defence, chastisement and lawful authority
            • R v H [2001]
            • Children Act 2004 s58
          • The force may be indirectly applied
            • R v Thomas [1985]
            • R v Savage [1991]
            • Haystead v Chief Constable of Derbyshire
      • Mens Rea - Direct, oblique or reckless intent to unlawfully touch the victim
        • Any unlawful touch may amount to a battery
          • It is not necessary that the touch result in harm or hurt
            • R v Kingston [1994]
            • It must, however NOT be so trivial that it can be ignored within the de minimis range
          • Whether a touch is considered unlawful may be affected by issues such as consent, self defence, chastisement and lawful authority
            • R v H [2001]
            • Children Act 2004 s58
          • The force may be indirectly applied
            • R v Thomas [1985]
            • R v Savage [1991]
            • Haystead v Chief Constable of Derbyshire
    • s.47 Offences Against The Person Act 1861 (ABH - Actual Bodily Harm)
      • Actus Reus - It must be established that D committed the actus reus of assault or battery and then proved that the assault/battery caused ABH
      • Mens Rea - Same as assault or battery. Additional MR is not required for ABH
        • R v Roberts [1978]
      • Broadly interpreted definition by the courts
        • R v Miller [1954]
          • R v Chan-Fook [1994]
            • Developed definition - Injury should not be so trivial as to be wholly insignificant, although the injury need not be permanent, and must not be really serious
        • s.20 Offences Against The Person Act 1861 (GBH - Grievous Bodily Harm)
          • Punishable with up to 5 years imprisonment
            • Actus Reus - Offence committed if the defendant either unlawfully inflicts GBH or unlawfully wounds the victim
              • Bollom [2003]
            • Mens Rea - Direct, oblique or reckless intent to cause some harm
              • s.18 Offences Against The Person Act (GBH)
                • Punishable with up to life imprisonment
                  • Actus Reus - Offence committed if the defendant either unlawfully inflicts GBH or unlawfully wounds the victim
                    • Bollom [2003]
            • GBH = Really serious harm
              • DPP v Smith [1961]
              • Inflict also includes situations where no physical force, directly or indirectly, has been applied to the body of the victim. E.g. menacing phone calls
                • R v Ireland and Burstow [1997]
              • Wounding - requires all layers of the skin be broken. Internal bleeding not sufficient!
                • C (a minor) v Eisenhower [1984]
                • s.47 OAPA [1861]
            • Statutory offence under OAPA 1861 and triable either way
            • s.18 Offences Against The Person Act (GBH)
              • Punishable with up to life imprisonment
            • Statutory offence under OAPA 1861 and triable either way

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