Law Unit 3 0.0 / 5 ? LawLaw of TortA2/A-levelAQA Created by: A FrancisCreated on: 05-06-13 09:20 Assault S39 Criminal Justice Act Actus Reus Causing the V to fear immediate unlawful violence 1 of 35 Assault S39 Criminal Justice Act Mens Rea Intention of, or Subjective Recklessness as to, causing the V to fear immediate unlawful violence 2 of 35 Constanza Words, verbal or written, are sufficient to satisfy the Actus Reus if they cause the V to fear immediate unlawful violence 3 of 35 Ireland Silent phone calls can satisfy the Actus Reus of an Assault 4 of 35 Smith v Chief Superintendent of Woking Police Station Immediate does not mean instantaneous, but means 'imminent' so an assault can occur through a closed window 5 of 35 Tuberville v Savage Words indicating that there will be no violence may prevent an act becoming an assault 6 of 35 Battery S39 Criminal Justice Act Actus Reus The application of unlawful violence (even the slightest touching can be unlawful) 7 of 35 Battery s39 Criminal Justice Act Mens Rea Intention of, or Subjective Recklessness as to, applying unlawful force. 8 of 35 Collins v Wilcock Force includes the slightest touching 9 of 35 Thomas Touching someones clothes is sufficient to form a battery 10 of 35 Fagan v Metropolitan Police Commissioner A battery can be committed through a continuing act 11 of 35 DPP v K A battery can occur through an indirect act (a booby trap) 12 of 35 Haystead A battery can occur through an indirect act (The force was transferred to another person) 13 of 35 Actual Bodily Harm S47 Offences Against the Person Act 1861 Actus Reus Causing V to fear immediate unlawful violence or the application of unlawful force (a Assault or a Battery) 14 of 35 Actual Bodily Harm S47 Offences Against the Person Act 1861 Mens Rea Intention or Subjective Recklessness as to causing the victim to fear unlawful violence or of applying unlawful force 15 of 35 Consequence of an Actual Bodily Harm Offence Any hurt or injury calculated to interfere with the health and comfort of the victim - Minor cuts and bruises, broken nose, minor fractures 16 of 35 T v DPP The Loss of Consciousness constitutes and ABH 17 of 35 R v Savage The D does not have to intend or be reckless as to injury - Just as to the assault or battery 18 of 35 DPP v Smith Cutting someones hair without consent can constitutes ABH 19 of 35 R v Chan Fook The word 'actual' means more than trivial hurt therefore psychiatric injury satisfies ABH 20 of 35 R v Miller Causing the victim uncomfort constutes ABH 21 of 35 Savage and Parmenter Transferred Malice - Without the intention or recklessness to an injury - Intention to to apply unlawful force 22 of 35 Section 20 Offences Against the Person Act 1861 Actus Reus A direct act or omission 23 of 35 Section 20 Offences Against the Person Act 1861 Mens Rea Intention or Subjective recklessness as to some harm 24 of 35 Consequence of a Section 20 offence Serious Harm or Really Serious Harm - Permanent Disability - Psychiatric Injury - Fractured Skull - Compound Fractures 25 of 35 R v Bollom Severe Bruising to a child may be GBH 26 of 35 R v Dica The transmission of HIV 27 of 35 R v Brown and Stratton A collection of minor injuries could consitute GBH 28 of 35 R v Parmenter The D need only recognise some harm, D does not have to recognise serious harm 29 of 35 Section 20 Wounding Offences Against the Person Act 1861 Intention or subjective recklessness as to some injury 30 of 35 JCC v Eisenhower The wound must cause a cut to the skin - Internal bleeding or severe bruising is not a wound 31 of 35 Section 18 Offences Against the Person Act 1861 Actus Reus A direct act or omission 32 of 35 Section 18 Offences Against the Person Act 1861 Mens Rea Specific Intention to cause GBH or to resist arrest 33 of 35 Section 18 Offences Against the Person Act 1861 Wounding Specific Intention to cause a Wound 34 of 35 Smith and Saunders The act or omission must cause Serious Harm 35 of 35
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