2A 5 offences against the person

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  • Created on: 12-02-17 13:18
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  • Unit 2A - 5 non-fatal offences against the person
    • Offences Against The Persons Act 1861
      • s47 Actual Bodily Harm
        • Chan Fook
          • Can include psychiatric damage as well as physical
            • Must be an identifiable clinical condition and not merely emotions
        • Smith v DPP
          • Cut off girl's ponytail
            • Harm not limited to skin, flesh or bones
        • Roberts
          • Sexual assault / Car
            • only requires MR for assault or battery
        • Miller
          • 'any hurt or injury calculated to interfere with health or comfort'
            • must be more than 'transient or trifling'
        • Savage
          • threw beer in V's face / caused cut to V's wrist
            • only requires MR for assault or battery
      • s18 Wounding or causing grievous bodily harm with intent
        • Mohan
          • Define intention: to act deliberately or make something your aim and purpose
        • Nedrick / Woollin
          • Intention can be direct oblique - virtually certain test
        • Belfon
          • Slashed V with razor
            • D must have specific intention to do GBH or resist arrest
      • s20 Wounding or inflicting grievous bodily harm
        • Burstow
          • Can include serious psychiatric damage
          • 'Inflict' does not require direct contact (=cause as in s.18)
        • Bollom
          • severe bruising to young child
            • V's age & state of health are relevant in measuring level of injury
        • Martin
          • D shouted 'fire' in crowded cinema / trampled
            • 'Inflict' does not require direct contact (=cause as in s.18)
        • Saunders
          • GBH means serious harm
        • Eisenhower
          • Wounding is defined as breaking both layers of skin
        • Dica
          • Recklessly infected woman with HIV
            • 'biological GBH'
        • Mowatt
          • MR - intention or recklessness as to whether some harm caused
    • Common Law Offences
      • Assault
        • Smith v Woking Police
          • Looking through window
            • assault by actions alone
        • Logdon
          • Gun in drawer
            • assault can be words and actions
        • Constanza
          • Stalker letters
            • interpreted as threats - a 'fear violence at some time not excluding the immediate future'
        • Turberville v Savage
          • Sword / Assize time
            • Words can annul assault
        • Ireland
          • Silent phone calls
            • Silence or words alone can be an assault
        • Savage
          • MR is intention to cause V to apprehend immediate, unlawful violence, or recklessness as to whether such apprehension is caused
      • Battery
        • Collins v Willcock
          • Touching of another person, however slight may amount to battery
        • Fagan
          • Car on policeman's foot
            • Battery can be indirect
        • Thomas
          • Caretaker / Schoolgirl skirt
            • Touching someone's clothes can amount to battery
        • Haystead
          • Punched woman / dropped baby
            • Battery to baby
        • DPP v K
          • Acid in hot air hand drier
            • Battery can be indirect
        • Venna
          • Defines the MR of battery
            • Proof that D intentionally or recklessly applied force to another
        • Wilson v Pringle
          • School boy / bag
            • Touching has to be hostile to amount to battery

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