Lecture notes
Non-Fatal offences notes
- Module
- Non fatal offences
- Institution
- PEARSON (PEARSON)
Covers steps needed to prove each of the non fatal offences Good to help with scenario questions
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Non-fatal offencesWednesday, 23 November 2022 17:26
Assault
Battery
S47 ABH
S20 GBH
S18 GBH
Assault
• CJA 1988 S39
• Definition- an act which causes the V to apprehend the infliction
of immediate unlawful force with either intention or recklessness
as to whether the V apprehends the unlawful force.
• Step one: An act
• Can be words,
• Constanza- letters = Assault
• Ireland- Phone calls= Assault
• Step two: Apprehend immediate unlawful force
• Causes the V to apprehend immediate unlawful force.
• Immediate= imminent
• Smith v chief super intendant of Woking police station= D on
other side of window it was held that it does not need to be
immediate just imminent.
• Light (1857)- D raised sword and said if it were not for the
policeman I would split your head open. It was held to be assault.
The wife feared that force would be used and the words in the
circumstances were not enough to negate this.
• Step three: Intention/recklessness
• Intention or recklessness to cause the fear of immediate unlawful
force or recklessness as to whether this is caused.
• Test for recklessness is from Cunningham
• D must realise there is a risk that act could cause another to fear
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