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NON FATAL OFFENCES

ASSAULT

Common law off. but charged under S39 CJA 1986 (NOT statutory off.)

Def = `And act which causes V to apprehend immediate force

AR

"Apprehend" - not fear, just pre-empt/ expect

Lodgen 1976

D threatened V w/unloaded gun, V apprehended being shot but in fact no…

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MR

R v Venna

Intention / Sub. Recklessness

R v Savage & Parametre 1982

Cunningham also applies; `Conscious taking of an unjustifiable risk'

BATTERY

Common law but charged under S19 CJA 1986

Def = The application of force, however slight, to V

AR

Even the merest touch equates to batt.…

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Directness?

Martin 1881

D placed iron bar on doors & turned off the lights in a theatre, conviction of inflicting GBH w/batt.

Haystead 2000

D punched V & V dropped her baby, D g. of ass. the baby

Thomas 1985

Touching a woman's skirt equates to batt. as clothing extension…

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V. wide; this judgement opens doors for later judgements to be made extending ABH

Can psychological harm constitute ABH?

Chanfook 1994

`The Body of the victim inc. all parts of the body, including his organs, his nervous system & his brain'

Hobhouse LJ; `ABH is capable of inc. psychiatric injury…

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GBH?

Smith 1961

`Really serious bodily harm'

Saunders 1985

States that `serious bodily harm' will suffice (don't need the `really')

Bollom2003

victim was a baby; argument of the defendant that age should be relevant was dismissed; age was

Age can therefore be assessed when assessing the impact of the GBH…

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Need not foresee GBH, just the poss. of some harm occurring as a result of voluntary actions

Grimshaw 1984

defendant pushed glass in victim's face, argued didn't foresee full extent of the injury

Held this was irrelevant, she foresaw poss. of some harm occurring as a result of her actions…

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