Offences Against the Persons

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  • Created by: _laurenb
  • Created on: 25-05-15 19:43

Assault - Criminal Justice Act 1988

ACTUS REUS

  • causing victim to fear the application of immediate, unlawful, personal violence

MENS REA

  • intending to cause a victim to fear the application of immediate, unlawful, personal violence or being reckless as to whether this fear is caused

recklessness = realising the risk of causing fear, yet still carrying out the action

MAX TERM OF IMPRISONMENT - 6 MONTHS

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Assault Cases

IRELAND

  • man made silent phone calls to women
  • it was held that the woman feared the application of immediate, unlawful, personal violence
  • they expected he was calling to see if they were home
  • at that he would then arrive at their home if they answered the calls
  • the man was convicted of assault

TUBERVILLE V SAVAGE

  • man said 'if it were not assize time, I would not take such language from you
  • this made it clear that he was not going to apply force
  • and so the victim could not have feared the application of immediate, unlawful, personal violence
  • defendant not convicted
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Assault Cases

SMITH V CHIEF CONSTABLE OF WOKING

  • man looked through the window of a woman's house late at night
  • the woman feared he was going to try to enter
  • convicted of assault
  • shows that words do not need to present to constitute an assault
  • shows that force does not need to present to constitute an assaut
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Battery - Criminal Justice Act 1988

ACTUS REUS

  • applying unlawful physical force to the victim

MENS REA

  • intending to apply unlawful physical force to the victim or being reckless as to whether this happens

MAX TERM OF IMPRISONMENT - 6 MONTHS

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Battery Cases

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Battery Cases

FAGAN V METROPOLITAN POLICE COMMISSIONER

  • man ordered to pull over by police
  • did so but drove onto police officers foot unintentionally
  • when he realised, he did not move his car
  • was convicted of battery
  • shows battery can be caused by a continuing act

DPP V K

  • defendant hid acid in a hand drier
  • victim came and used the drier
  • victim was sprayed with acid
  • defendant charged with battery
  • shows indirect force can consitute battery
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Assault Occasioning Actual Bodily Harm - OATPA 186

ACTUS REUS

  • carrying out any common assault (assault/battery) occasioning actual bodily harm

MENS REA

  • intention to cause actual bodily harm or being reckless as to whether or not this harm is caused

MAX TERM OF IMPRISONMENT - 6 MONTHS

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Assault Occasioning Actual Bodily Harm Cases

T V DPP

  • defendant chased victim
  • victim fell 
  • defendant kicked victim 
  • victim lost conciousness for a small moment of time 
  • defendant charged with AOABH
  • shows momentary unconciousness can constitute ABH

ROBERTS

  • defendant made sexual advances at victim
  • victim jumped out of car fearing further action
  • defendant had not intended to cause injury, not had he realised there was a risk of injury through making sexual advances
  • despite this, defendant was convicted of AOABH
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Assault Occasioning Actual Bodily Harm Cases

SAVAGE

  • defendant threw beer over victim
  • glass slipped out of defendant's hand and cut the victim's hand
  • defendant had not intended to injury, nor had she foreseen injury
  • despite this, she was convicted of AOABH
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GBH / Wounding - OATPA 1861

ACTUS REUS

  • unlawfully wound or inflict grevious bodily harm to another person

MENS REA

  • intending to cause some bodily harm or being reckless as to causing some bodily harm

MAX TERM OF IMPRISONMENT - 6 MONTHS

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GBH / Wounding Cases

IRELAND & BURSTOW

  • defendant harrassed wife who broke up with him
  • she suffered with serious psychiatric issues
  • psychiatric injuries found to be GBH

JCC V EISENHOWER

  • defendant shot victim with shotgun pellet
  • the bullet did not penetrate the eye
  • it caused severe bleeding underneath the surface of the eye
  • this was not held to be wounding
  • wounding = breaking the continuity of the skin
  • defendant was not convicted of section 20 GBH
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GBH / Wounding With Intent - OATPA 1861

ACTUS REUS

unlawfully wound or cause grevious bodily harm to another person

MENS REA

intending to cause the victim serious harm or being reckless in causing this harm

MAX TERM OF IMPRISONMENT - 6 MONTHS

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GBH / Wounding With Intent Cases

R V DICA

  • defendant had unprotected sex with 2 women
  • he knowingly had HIV
  • he gave the women HIV
  • he was convicted of section 18 GBH
  • shows a disease can constitute GBH

BOLLOM

  • defendant caused bruises to 17 month old child
  • convicted of section 18 GBH
  • shows that bruising can constitue GBH on a vunerable person such as a young child or eldery person
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