Case Law for Offences Against the Person

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  • Created on: 23-10-12 09:46
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Smith v Chief Constable Woking Where violence is possible in the immediate future,
then the actus reus for an assault can exist.
This can be through a window looking in and frightening
Tuberville v Savage Where the D says something which indicates there'll be
no violence then these words can prevent an act from
being an assault.
Ireland Words are sufficient for an assault
(silent telephone calls)
Constanza Letters/ words written can be an assault if they put the
victim in fear of immediate unlawful violence.
DPP v K A battery can also be through an indirect act such as a
booby trap
Haystead A battery can also be through an indirect act.
Logdon An assault can be by words and actions
Thomas Touching a person's clothes can be a battery offence.
Smith v Chief Constable Woking Proof that the D intentionally or recklessly applied force
to the person of another. (mens rea of battery)
Miller ABH is any hurt or injury calculated to interfere with the
health or comfort of the victim.
DPP v Smith Cutting someone's hair can be ABH if done without
Chan Fook The word `actual' in ABH means that the harm must not
be so trivial as to be insignificant.
T v DPP Loss of consciousness even momentarily can be ABH
Burstow Bodily harm must be interpreted to include recognisable
psychiatric harm/illness in s18, s20 and s47 Offences
Against the Person 1861
Savage Only intention or recklessness as to assault or battery is
required for ABH.
Eisenhower Wounding constitutes as any breaking of the skin

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Bollom GBH can include severe bruising if the V is a young child
or a frail elderly person.
Dica A disease can be GBH under s.20
Parmenter There is no need to foresee serious injury but the D
must realise the risk of some injury for a s20 offence.
Stratton A collection of relatively minor injuries can amount to
GBH under s20.…read more



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