offences against the person

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  • Created by: wilby99
  • Created on: 24-02-16 13:43

common assault and battery

Assault

  • AR = any act that causes the victim to fear immediate, unlawful violence
    • words and actions (Logdon)
    • actions without words (Smith v Cheif supt.of working police)
    • silence (ireland)
  • MR = intention or recklessness to the AR (as stated in Savage)
  • max sentence = 6 months

Battery

  • AR = unlawful application of force to another (Collins v Wilcox)
    • this can include touching a persons clothes (thomas)
    • the force can only be applied by force and not an ommission
    • battery can be commited by indirect force (Heystead)
  • MR = intention or recklessness to the AR (as stated in Venna)
  • max sentence = 6 months

Neither offence requires there to be an injury as such for there to be liability

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s47 Actual bodily harm

  • triable either way
  • max sentence = 5 yrs
  • 'actual' means not so trivial as to be wholly insignificant and 'harm' means injury and can include psyciatric harm but not emotions or states of mind (Chan Fook)
  • can include hair (Smith 2006)
  • MR = intention or recklessness as to assault or battery (Roberts) (defined in the case of Savage)
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s20 Grievous bodily harm

  • AR= to unlawfully or maliciously wound or inflict grievous bodily harm
  • wounding must peirce all layers of skin (JCC v Eisenhower) however once a victim has bled it can be considered a wound
  • grevious bodily harm is very serious harm and can be a collection of smaller injuries (Brown & Stratton)
  • MR=intention or recklessness as to SOME harm (Parmenter)
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s18 grievous bodily harm with intent

  • AR=maliciously or unlawfully causing grievous bodily harm with intent to do so
  • MR=intention has to be malicious (Belfon)
  • indictable
  • max sentence=Life (25yrs)
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