Non-fatal offences

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  • non-fatal offences against the person
    • Assault - s39 CJA 1988
      • actus reus
        • requires some act or words..
          • Constanza (1997) - letters can be an assault
          • Ireland (1997) - silent telephone calls can be an assault
        • apprehend immediate unlawful force
          • Lamb (1967) - pointing an unloaded gun at someone who knows its unloaded cannot be an assault
            • other person does not fear immediate force
          • Smith v CC of Woking (1983) - looked through V's bedroom window late at night
            • fear of what D would do next was sufficient
            • immediate unlawful force need only be imminent
          • Turberville v Savage (1669) - put hand on sword saying if judges not in town would act differently
            • not assault - showed he wasn't going to do anything
          • Light (1857) raised sword over wife's head and threatened her
            • assault as wife feared force and words did not negate fear
      • mens rea
        • intention to cause apprehension of immediate unlawful force
        • recklessness as to whether such apprehension is caused
          • D must realise that act/words could cause another to apprehend unlawful person violence
    • Battery - s39 CJA 1988
      • actus reus
        • the application of unlawful force to another person
        • Thomas (1985) - touching a woman's skirt can be battery
        • Continuing Act
          • Fagan (1969) - parked on policeman's foot. Asked to move but F turned engine off for several minutes
            • Actus reus occurred when D drove car onto foot
            • Mens rea occured when intended not to move the car and offence completed when engine switched off
        • Indirect Act
          • Martin (1881) - put bar across theatre door way turned off lights and shouted 'fire!' several people injured
          • DPP v K (1990) - schoolboy stole acid and hid it in hot hand air dryer used by another boy who was burned
            • convicted quashed but Divisional Court QBD held battery could be indirect
        • omission
          • DDP v Santa- Bermudez (2003) - police asked if D had sharp objects before search. said no and policewoman injured by needle
            • failure to tell truth created liability
        • unlawful force
          • A v UK (1998) - D beat son with garden cane
            • acquitted by jury but ECHR said UK law offended Art 3 ECHR
      • mens rea
        • intention to apply unlawful force
        • recklessness as to whether unlawful force is applied
          • D must realise risk that act or omission could cause unlawful force to be applied
    • assault occasioning ABH - s47 OAPA
      • actus reus
        • an assault or battery which causes actual bodily harm
          • Miller (1954) - ABH = 'any hurt or injury calculated to interfere with the health or comfort of V'
          • T v DPP (2003) - short loss of consciousness was held to be ABH
        • DPP v Smith (Michael) (2006) - cutting V's hair can amount to ABH
          • Divisional Court QBD held cutting substantial amount of hair is sufficient
        • Psychiatric injury
          • Chan Fook (1994) - ABH does not include 'mere emotions such as fear, stress, or panic'
            • nor does it include a 'state of the mind that are not themselves evidence of some identifiable clinical condition'
      • mens rea
        • intention of recklessness as to whether V fears or is subjected to unlawful force
          • no need to prove any mens rea for ABH
        • Roberts (1971) - tried to remove coat off female hitchhiker in car who jumped out and suffered cuts and bruises
          • convicted as intended to apply unlawful force and no mens rea needed for resulting GBH
        • Savage (1991) - threw beer over woman in pub but glass slipped and cut woman's hand
          • convicted as no mens rea for harm but intended to apply unlawful force
    • malicious wounding/ inflicting GBH - s20 OAPA
      • actus reus
        • D must wound or inflict GBH
        • wound
          • means a 'cut or break in the continuity of the whole skin'
          • JJC v Eisenhower (1983) - V hit in eye by shotgun pellet
            • caused severe bleeding under surface, but as thee was no cut it was not held to be a wound
          • Wood (1830) - V's collar bone broken but as skin was intact it was held not be a wound
        • grievous bodily harm
          • DPP v Smith (1961) - GBH means 'really serious harm'
            • Saunders (1985) - held it was permissible to direct a jury that there need be 'serious harm'
          • Bollom (2004) - convicted when 17 month-old child suffered bruises to abdomen, arms and legs
            • held the severity of the injuries should be assessed according to V's age and health
              • convicted of more serious offence due to age of V
          • Dica (2004) - transmission of HIV without the question of consent was sufficient for GBH
          • Burstow (1997) - carried out campaign of harassment against ex - gf
            • abusive + silent calls, hate mail and stalking caused severe depression
              • convicted based on level of psychiatric harm
      • mens rea
        • intention to cause some injury
        • be subjectively reckless as to whether injury was inflicted
        • Parmenter (1991) - injured baby son by throwing him in air and did not realise risk of injury
          • conviction of s20 reduced on appeal to s47 as did not foresee any injury
    • wounding or causing grievous bodily harm with intent s18 OAPA
      • actus reus
        • wounding or causing GBH
      • mens rea
        • D must have intended to:
          • do some GBH
          • or resist or prevent the lawful apprehension or detainee of any person
      • Belfon (1976) - used ror to slash V this demonstrated intent to wound under s18
      • Morrison (1989) - police officer grabbed D to arrest him but D leapt through window, dragging officer, who was badly cut by glass
        • convicted as either intended injury or realised risk of it occurring and took risk

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