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Page 1

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NON-FATAL OFFENCES
ASSAULT
BATTERY
ACTUAL BODILY HARM
S20 GREIVOUS BODILY HARM & WOUNDING
S18 GREIVOUS BODILY HARM & WOUNDING
CAUSATION
& CASE LIST.

Page 2

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ASSAULT

Found in Section 39 of the Criminal Justice Act 1988.
AR Causing; by words, acts, or silence, the V to fear
immediate unlawful harm.
RELATE TO Q.
Fear of a threat that must be perceived as "immediate."
R v Smith
RELATE TO Q.
Words can amount to an assault.…

Page 3

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BATTERY

Found in Section 39 of the Criminal Justice Act 1988.
AR The application of unlawful force upon an
individual.
RELATE TO Q.
Battery can be direct.
R v Thomas
RELATE TO Q.
Battery can be indirect.
DDP v K
RELATE TO Q.
Battery can be caused by an omission.…

Page 4

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ACTUAL BODILY HARM

Found in Section 47 of the Offences Against A Person Act
1861.
AR An assault or battery resulting in ABH.
RELATE TO Q.
Harm must be calculated to interfere with health and
comfort.
R v Miller
RELATE TO Q.
The damage does not have to be permanent.…

Page 5

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S20 GREIVOUS BODILY HARM & WOUNDING

Found in Section 20 of the Offences Against A Person Act
1861.
AR Wounding or inflicting GBH upon an individual.
RELATE TO Q.
Harm must be serious to amount to GBH.
R v Saunders
RELATE TO Q.
GBH can occur due to accumulative injuries.…

Page 6

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S18 GREIVOUS BODILY HARM & WOUNDING

Found in Section 18 of the Offences Against A Person Act
1861.
AR Wounding or inflicting GBH as set out in S20.
RELATE TO Q.
Harm must be serious to amount to GBH.
R v Saunders
RELATE TO Q.
GBH can occur due to…

Page 7

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CAUSATION

Both factual and legal causation must be proven
for D to be found guilty.
Factual causation But for D's acts, no harm would
have come to V.
R v Pagett
RELATE TO Q.
Legal causation D's acts were the operating and
substantial cause of V's harm.
R v Smith.…

Page 8

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CASE LIST ­ NON-FATAL OFFENCES


ASSAULT

R v Smith D entered V's garden at night and looked through her window as she got changed. Held to be an
assault as she believed he was about to enter her house.

R v Constanza Stalking case which confirmed that words could be…

Page 9

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DPP v A Two boys playing with air pistols and shooting each other in the knees while wearing cricket pads for
protection. D shot V in the eye.

R v Ireland D made silent phone calls to three different women who didn't know if the purpose of the phone
call…

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