Offences Against the Person Summary

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  • Offences Against the Person
    • Common Assault
      • Battery
        • AR: Application of unlawful violence
        • MR: Intent or subjective recklessness
        • 'Unlawful Force' - the slightest touch can be a battery as shown by the case of Collins V Wilcock
        • Where is it lawful?
          • Self defense/ defense of another
          • Parental Discipline: the 2004 Children Act made the battery of a child which leaves injury as illegal
        • Omissions: A battery can take place when there is a dangerous situation created. This is shown by the case if Miller
        • Continuing Act: A battery can be committed through a CA, as shown by the case of Fagan v Metropolitan Police Commissioner
        • Indirect Act: There does not have to be direct touching, shown by the case of Dpp v K
      • Assault
        • AR: An act which made the victim fear immediate unlawful violence
          • 'Immediate' does not have to be instantenous shown via the case of Smith v CSWPS
        • MR: Intent or recklessness
        • There need to be an act.
          • Emails/letters can be an assault shown by the case of Contanza
          • Silence can be an assault, shown by the case of Ireland
        • If the force threatened is not unlawful then there is no offence
      • Both found under s.39 of the Criminal Justice Act 1988
        • Assault
          • AR: An act which made the victim fear immediate unlawful violence
            • 'Immediate' does not have to be instantenous shown via the case of Smith v CSWPS
          • MR: Intent or recklessness
          • There need to be an act.
            • Emails/letters can be an assault shown by the case of Contanza
            • Silence can be an assault, shown by the case of Ireland
          • If the force threatened is not unlawful then there is no offence
        • Battery
          • AR: Application of unlawful violence
          • MR: Intent or subjective recklessness
          • 'Unlawful Force' - the slightest touch can be a battery as shown by the case of Collins V Wilcock
          • Where is it lawful?
            • Self defense/ defense of another
            • Parental Discipline: the 2004 Children Act made the battery of a child which leaves injury as illegal
          • Omissions: A battery can take place when there is a dangerous situation created. This is shown by the case if Miller
          • Continuing Act: A battery can be committed through a CA, as shown by the case of Fagan v Metropolitan Police Commissioner
          • Indirect Act: There does not have to be direct touching, shown by the case of Dpp v K
        • MR for both: DPP v Majewski - getting intoxicated is a reckless course of conduct
    • Actual Bodily Harm
      • This offence can be found under s.47 of the Offences Against the Persons Act.
        • What is ABH?
          • Chan Fook 1994
            • Ruled that psychiatric injury constituted ABH
              • Must be more then mere emotions such as fear, distress or panic
            • ABH were ordinary words: harm means injury, actual means it must be more than minimal
          • R (T) v DPP
            • Loss of consciousness, even momentarily is ABH
          • Dpp V. Smith held thatcutting someones hair is ABH
          • ABH can be charged when there is bruising, scratches, and grazes present
      • AR: An assault or battery which causes ABH
      • MR: Intent or subjective recklessness
        • Recklessness: shown by the cases of Roberts and Williams - defendant is liable for their injuries
    • Grievous Bodily HArm
      • s.20
        • AR: Inflicting grievous bodily harm
          • Must be a technical assault or battery, shown in the case of Lewis
          • The case of Parmenter held that there is no need for the defendant to foresee this level of serious injury
        • MR: Intending some injury to be caused or reckless as to whether GBH was inflicted
        • Maliciously: an intention to cause specific harm, or reckless as to whether harm could be caused. Shown in Cunningham.
        • Max. sentence 5 years
      • s.18
        • 'Wounding with Intent'
        • AR: wounding causing GBH
          • To wound without intent is not enough for a s.18 shown via the case of Taylor.
        • MR: Intent to cause GBH or resist aresst for themselves or another person
        • Untitled
      • What is GBH?
        • 'Wound' this means a cut or break in the skin. This is shown by the case of JCC v Einsenhower
        • DPP v Smith held that GBH means 'really serious harm'
        • The injury's should be assessed according to the victims age and healthy
        • The case of Burstow held that really serious psyciatirc innjury could be GBH
        • The transmission of a disease can be GBH, shown via the case of Dica

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