Offence against the person

Battery

Section 39 criminal Justice Act 1988
AR- Unlawful touching- includes touching clothes- R v Thomas- fetish of rubbing girls skirts- indecent Assault
Booby trap is included- don't need to personally touch the victim- R v Martin
MR- Basic intent and subjective Recklessness

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Fear of immediate unlawful force- 'get him'- turns to battery when the act is taken up
AR- Acts or words- Constanza- 800 letters, R v Ireland, R v Lamb- pointing a loaded gun when they know its loaded cannot be assualt no mens rea, Longdon- apprehends assault, Smith v Chief SI of Woking - Assault can be through a window, Tuberville v Savage- not immediate fear
MR- Intention to cause other immediate unlawful violence or subjective recklessness

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Section 47 offence against the person act 1861- 5 years imprisonment
AR- Assault or battery that uses ABH- R v Ireland and Chan Fook- psychiatric illness
R v Roberts- girls jumped out of car, R v Donovan- any hurt or injury- minor broken bones or bruises
MR- Basic Intent or subjective recklessness- R v Cunningham- R v Savage- had intention to apply unlawful force.

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GBH section 20 Offence Against the Person Act 1861
Maliciously inflicting GBH
AR- R v Wilson- Inflicting- doing something directly resulting in force,R v Martin- Indirect, DPP v Smith-Really serious harm, R v Dica- Biological GBH (HIV), R v Bollam-Children have a different pain threshold to adults
MR- Basic Intent or subjective recklessness as to some harm- R v Cunningham

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Causing GBH or wounding with intent- Life
AR- Direct application of force (Wilson) Indirect will not suffice (R v Martin), DPP v Smith- really serious harm, R v Dica- Biological GBH, R v Chan Fook- psychiatric illness
MR- specific (more than 1 motive) intent as to serious harm. Recklessness is insufficient for the defendants liability.

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