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Offences against the person
Assault
This offence is not defined by statute as it is a common law offence. The act merely gives detail of sentencing.
AR: `Any act whereby the D causes the V to apprehend immediate force'.
Act: an assault requires an act.
Fagan V Metropolitan Police Commissioner (1968): where D failed to remove his car from a police officer's foot,
the court thought that and omission was not sufficient to constitute an assault. However they decided that there
was a continuing act.…read more

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D arms as the office was not arresting her. Court held that the officer had committed a better and D was
entitled to free herself.
Even touching a person's clothing can be sufficient to form battery.
Thomas (1985): D touched the bottom of a women skirt and rubbed it. CA said `there could be no dispute that if
you touch a person's clothes while he is wearing them that is equivalent to touching him'.…read more

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In many cases the dividing line between
intention and recklessness is barely distinguishable.'
The test for recklessness is subjective. For an assault the D must realise there is a risk that his acts could cause
another to fear unlawful person violence.
Section 47 (ABH)
The lowest level of injury is referred to as `actual bodily harm' and it is an offence under s.47 of the Offence
against the Person Act (1861).
AR: requires: A technical assault, or a better, which much occasion (i.e.…read more

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Saunders (1985) it was held that a direction to the jury which referred only to `serious harm' was not a
misdirection.
Bollom (2003) : CA held that the age, health or other factors relating to the victim could be taken into
consideration when considering what constituted GBH.
Burstow (1997): V of a stalker a severe depressive illness, it was decided that serious psychiatric can be GBH.…read more

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