OAPA

Assault, battery, abh, GBH

  • Created by: jesskeayy
  • Created on: 03-05-19 13:17
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  • OAPA
    • Common assault
      • Where D intentionally/ recklessly causes v to apprehend immediate or unlawful force
        • s.38 CJA 1988
        • Distinguished from battery: D intentionally/ recklessly inflicts unlawful force
          • Little (1992)Cannot charge with both offences, one or the other
          • Battery AR and MR: AR- Application of force, direct or indirect, non-consensual, physical contact. MR- intention to touching or applying force to V
            • Collins v Wilcock: doesn't require injury
              • Fagan (1968) can be carried out by an instrument
                • DPP v K (1990) indirect infliction is still a battery
        • Elements: AR- act, apprehension, immediate violence MR- intention to cause apprehension of immediate unlawful violence
          • MR: Intention to cause apprehension of immediate unlawful violence
        • Cannot be cause by an omission
          • Constanza: Does not need to be instantaneous
            • Tuberville v Savage (1661) no immediacy in a conditional threat
              • Logdon (1976) as long as V believes they're in immediate danger
                • Collins v Wilcock: use of unlawful force by a police officer
    • Assault occasioning ABH
      • s.47 CJA 1988
        • AR: needs assault or battery to cause ABH MR: common assault or battery
          • Must be more than touching
            • Marital **** can be ABH
              • Ireland [1997] can be a recognisable psychiatric injury
                • Dhaliwal [2006] emotions do not satisfy
          • DPP v Smith [2006] cutting hair is ABH
        • Donovan [1934] any injury calculated to interfere with health/comfort. Need not be permanent, must be more than trifling
          • Miller [1954]
        • MR: intention or subjective recklessness
          • Savage and Parmenter [1991] intention to throw beer, not the glass
          • No extra MR for ABH to be necessary
    • Wounding/ inflicting GBH
      • s.20 CJA 1988
        • Up to 5 years in prison
        • AR: assault/ battery AR
          • MR: intentional wounding, intentional infliction of GBH, reckless wounding and reckless intention of wounding
            • Cunningham (1957) subjective recklessness
            • D only has to foresee some harm
            • savage and Parmenter (1991) crown must prove: D intends to cause some harm, D is reckless to the thought that some harm might occur and takes the risk anyway
        • Whosoever shall unlawfully and maliciously wound/inflict any GBH upon any weapon or instrument, shall be guilty of a misdemeanor
          • Eisenhower [1984] wounding a minor
            • Bollom [2004] injuries don't need to be permanent/ require medical treatment
          • DPP v Smith (1960) 'grevious' means no more/no less than really serious
          • Mohammed Dica(2004) knowingly having sex when HIV positive
            • Ireland (1997) can include recognised psychiatric illness
    • GBH with intent
      • AR: same AR as battery/ assault
      • MR: requires malicious intention
        • Malicious: intentionally or recklessly
      • s.18 CJA 1988
        • Requires 2 separate offences: 1. maliciously wound with intent to do GBH. 2. Maliciously wound with intent to resist lawful apprehension of any person
          • Belfon (1976) requires intent, recklessness isn't enough

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