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Common Assault (this is a common law offence, however it is recognised by s39 of the criminal justice act
1988) There are two types of common assault:
Assault Intentionally or recklessly causing another person to fear immediate unlawful personal violence.
No physical Contact
Actus Reus The V must fear that immediate unlawful force will be used against them.
E.g R v Logden (pointing an unloaded gun)
The court said the word immediate doesn't mean instant. Smith V Chief Constable of Woking
Word can amount to an assault so can not saying anything.
E.g. constanza (sending threatening letters) , Ireland ( silent calls)
Mens Rea The MR is that the AR must be done intentionally or recklessly
The highest level of MR is direct intention. Mohan the d must desire to bring about the prohibited
Recklessness the case of Cunningham said that if the D realises there was a risk and still takes it they have
Battery A battery is an application of unlawful force to another person. This must be done intentionally or
There is going to be contact but no injury
AR- An application of Unlawful force from D to V
Can be slight, e.g. R v Thomas (touching a person's clothes can amount to a battery). Collins V Wilcock
court said in this case anything more then getting a person's attention could amount to a battery.
A battery can also be through an indirect act e.g. throwing a pint of beer at someone
DPP v K (Acid Drier) application of unlawful force and the d caused this through an indirect act. Haystead
the d caused a child to fall on the floor because they punched the person holding them.
MR intention to apply unlawful force (Mohan)
Recklessness that force will be applied (subjective test d realised the risk of physical contact and still took
Assault Occasioning Actual Bodily Harm S47 of the OAPA 1861
AR An assault or Battery AND Actual bodily harm
MR intentionally or recklessly committing the common assault
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ABH any minor injury including psychological injury e.g. bruising , scratches psychiatric injuries ( Chan
Roberts (girl jumps from car)
Savage The fact that d intended to throw the beer over the women was sufficient mens rea (battery)
S47 OAPA - AOABH imprisonment for 5 years.
WOUNDING AND GRIEVIOUS BODILY HARM
AR- is the same a wound or GBH
Section 20 OAPA 1861
AR Wounding or Inflicting GBH
MR (direct) intentionally or recklessly causing some harm.…read more