Non-Fatal Offences Against the Person- Criminal Law

ASSAULT

Section 39 Criminal Justice Act 1988

• Common law offence - no statutory definiton
• Punishable of up to 6 months imprisonment - summary offence

Defintion

Fagan v MPC [1969] House of Lords defintion:

  "When the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence."

Actus Reus

The victim must apprehend immediate unlawful personal violence.

Apprehend:

The victim need not be in fear, but must be aware that they are about to be subjected to violence

R v Lamb [1967] - V did not believe the gun would go off; there was therefore no assault.

Logdon v DPP [1976] - an imitation gun pointed at the victim still constituted an assault.

R v Constanza [1997] - words can amount to an assault.

R v Ireland;Burstow [1997] - silence can amount to an assault.

Tuberville v Savage (1669) - words can negate assault.

Immediate:

Threats of future violence will not suffice; however, the courts have adopted a more liberal approach.

R v Constanza [1997] - a series of stalking and harrasment amounted to an assault.

Smith v Chief Constable of Woking (1983) - fear of what D might do next, even through a window, was held to be sufficiently immediate.

Unlawful:

Will be unlawful where D has no lawful excuse:

• Reasonable punishment of a child - Section 58 Children Act 2004
• Consent of the victim
• Self-defence / prevention of a crime

Personal Violence:

The victim need only to apprehend the level of force that amounts to a battery.

Mens Rea

The intention to causet the victim to apprehend immediate unlawful personal violence or being reckless as to whether such apprehension is caused. Fagan v MPC.

DPP v Parmenter [1991] - subjective recklessness applies to non-fatal offences against the person.

BATTERY

Section 39 Criminal Justice Act 1988

• Common law offence - no statutory defintion - Haystead v CC of Derbyshire
• Punishable up to 6 months imprisonment - summary offence

Defintion

The unlawful application of force by the defendant, done intentionally or recklessly, upon the victim.

Actus Reus

The application/infliction of unlawful and personal violence/force.

Application/Infliction:

Santa-Bermudez…