This set of notes contains easy-to-follow, colourful tables covering the topic of non-fatal offences, as per the Offences Against the Person Act 1861 (assault, battery, assault occasioning bodily harm, malicious wounding or infliction of grievous bodily harm, wounding or causing grievous bodily har...
Assault s. 39 of the Criminal 1. V must have 1. D must have
Justice Act 1988 apprehended the intended to cause
any act by which D, infliction of force V’s apprehension
intentionally or on their person of immediate
recklessly, causes V to unlawful force on
apprehend immediate - R v Lamb — their person OR
unlawful personal apprehension does not been reckless as
force, per Collins v necessarily mean fear, to whether V
Wilcock but expectation; would apprehend
the infliction of
2. The force must immediate
have been unlawful force on
immediate their person
- R v Ireland — - R v Venna —
imminent rather reference to
than instantaneous; Cunningham
recklessness, i.e.
- R v Constanza — subjective foresight of
suffices if V fears D risk;
might inflict
violence at some
point in time not
excluding the
imminent future;
*** fear of imminent
harm not imminent
fear of future harm.
3. The force must
have been
unlawful
- no consent;
4. D’s actions must
have caused V’s
apprehension of
force on their
person
- R v Ireland —
silence suffices;
- R v Constanza —
words suffice;
,Offence Charged under: Actus reus Mens rea
Battery s. 39 of the Criminal 1. D must have 1. D must have
Justice Act 1988 inflicted force on intended to inflict
any act by which D, V unlawful force on
intentionally or V OR been
recklessly, inflicts - R v Ireland — no reckless as to
unlawful personal radical difference whether unlawful
violence on V, per between inflicting force would be
and causing;
Collins v Wilcock inflicted on V
- Collins v Wilcock —
if physical contact - see above;
is unnecessary, V
does not consent to
it and physically
restrains from it =>
battery.
- R v Thomas —
touching someone’s
clothes suffices.
- Haystead v Chief
Constable of
Derbyshire —
indirect application
of force suffices;
- DPP v K —
application of force
through a medium,
e.g. object, suffices;
- DPP v Santana-
Bermudez —
exposing someone
to a reasonably
foreseeable risk of
injury by acts/
words/ combination
of the two suffices.
- R v Fagan —
continuing acts
suffice.
2. The force must
have been
unlawful
- no consent
, Offence Charged under: Actus reus Mens rea
Assault occasioning s. 47 of the Offences 1. D must have 1. No additional
ABH Against the Person Act committed an fault element =>
1861 assault or a suffices to prove
any assault OR battery battery mens rea for
by which V suffers assault OR
ABH - see above; battery
2. V must have - see above;
suffered ABH
- R v Miller — any
hurt or injury
interfering with the
health and comfort
of V;
- R v Donovan — but
more than transient
or trifling;
- R v Chan Fook —
must not be
insignificant, re:
does not include
mere emotions
- DPP v Smith —
physical pain as
consequence
unnecessary;
- T v DPP — any
injurious
impairment of V’s
sensory functions;
- R v Ireland —
includes recognised
psychiatric
conditions.
3. The assault
committed by D
must have
occasioned the
ABH
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