Non-fatal offences against the person

HideShow resource information
Assault
where D intentionally or recklessly causes V to apprehend immediate unlawful force
1 of 51
Conduct AR of assault
Any act
2 of 51
Ireland (conduct AR)
Even words or silence can constitute the conduct AR
3 of 51
Constanza
Writing can constitute the conduct AR
4 of 51
Smith
Maybe omission if D acting unlawfully, but Fagan suggests no
5 of 51
Circumstance AR of assault
Lack of V's consent
6 of 51
Consequence AR of assault
Causes V to apprehend imminent unlawful force
7 of 51
Ireland (consequence AR)
imminent = "within a minute or two"
8 of 51
Horder
imminent = no time for police to arrive
9 of 51
Constanza (consequence AR)
imminent = enough that there MAY be force
10 of 51
Logdon
Does not matter if there is no ACTUAL threat of violence as long as V apprehends it
11 of 51
Conduct MR of assault
Deliberate conduct
12 of 51
Circumstance MR of assault
At least reckless that V does not consent
13 of 51
Consequence MR of assault
intention/recklessness as to whether V will apprehend imminent unlawful force (Venna)
14 of 51
Venna
Recklessness sufficient for consequence MR of assault
15 of 51
Battery
unlawful application of force by the D upon the V (Ireland)
16 of 51
Conduct AR of battery
touch or apply force
17 of 51
Thomas
Even touching clothes enough
18 of 51
Omission in battery?
Fagan says no but Santana-Bermudez yes; CA cases so unclear
19 of 51
Only direct application of force?
Ireland (no battery through silent phone calls), Wilson (HL decisions)
20 of 51
Also indirect application of force?
As long as something physically touches V - Clarence (booby traps), Martin (theatre exits), Santana Bermudez, DPP v K (acid in hairdryer) (CA decisions)
21 of 51
Circumstance AR of battery
Lack of V's consent
22 of 51
Collins v Wilcox
Implied consent to touching exists in everyday situations e.g. jostling
23 of 51
Conduct MR of battery
deliberate conduct
24 of 51
Circumstance MR of battery
At least reckless that V doesn't consent
25 of 51
Consequence MR of battery
Intention or recklessness as to touching/applying force to V (Venna)
26 of 51
S47 OAPA 1861
Assault occasioning actual bodily harm
27 of 51
Assault occasioning actual bodily harm
Common assault/battery + ABH consequence
28 of 51
Donovan
ABH = "more than merely transient or trifling"
29 of 51
T v DPP
ABH can include temporary loss of consciousness
30 of 51
DPP v Smith
Cutting off hair = ABH
31 of 51
Ireland, Burstow, Mowatt, Chan Fook, Morris
psychological injuries ABH IF medically recognisd (not mere panic, anxiety etc)
32 of 51
occasioning
= causing
33 of 51
Savage, Parmenter
No need for an extra MR on top of the common assault/battery
34 of 51
S20 OAPA Act 1861
Wounding/causing GBH without intent
35 of 51
AR conduct of S20
any act or omission
36 of 51
Burstow, Dica (AR conduct of S20)
Inflict = cause
37 of 51
Ireland, Burstow
It is possible to 'inflict' psychological injury (s20)
38 of 51
Indirect application sufficient?
Unclear for s47 but here sufficient AND includes injury by words/conduct (Burstow, Wilson)
39 of 51
AR consequence s20
wound/GBH
40 of 51
Smith (GBH definition)
"really serious harm"
41 of 51
Eisenhower
wound = break in the skin, single drop of blood sufficient but MUST fall outside the body
42 of 51
Burstow (AR consequence s20)
serious psychological injury can be GBH
43 of 51
Bollom
Injuries to be assessed in context (baby)
44 of 51
MR conduct of s20
deliberate conduct
45 of 51
MR consequence of s20
intention/recklessness as to whether V might suffer SOME harm (Savage, Parmenter)
46 of 51
S18 OAPA Act 1861
Wounding/causing GBH with intent to cause GBH
47 of 51
AR conduct of s18
any act or omission
48 of 51
AR consequence of s20
wound or GBH, same rules as s20
49 of 51
MR conduct for s20
deliberate conduct
50 of 51
MR consequence for s20
intent to cause GBH
51 of 51

Other cards in this set

Card 2

Front

Any act

Back

Conduct AR of assault

Card 3

Front

Even words or silence can constitute the conduct AR

Back

Preview of the back of card 3

Card 4

Front

Writing can constitute the conduct AR

Back

Preview of the back of card 4

Card 5

Front

Maybe omission if D acting unlawfully, but Fagan suggests no

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Non-fatal offences against the person resources »