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~law~ NON-FATAL OFFENCES unit 3 (BATTERY when the defendant…
~law~
NON-FATAL OFFENCES unit 3
CONSENT AS A DEFENCE TO THE NON-FATAL OFFENCES
complete defence to a charge of assault or battery if there is no injury caused or intended
The consent of the victim must be freely given by a person who is deemed able to consent
R V RICHARDSON 1998
dentist carried out work on patients even though he'd been suspended from practice
not guilty
~patients consented to the treatment so there was no fraud
R V TABASSUM 2000
d persuaded women so he could measure their breasts by claiming to be a doctor
guilty
~the act consented to was not the act done
sado masochistic practices remain prohibited
R V EMMETT 1999
there was vigorous sexual activity which involved suffocating the victim with a bag and setting her alight
guilty
~cant consent to ABH or GBH
R V BROWN 1993
sadomasochistic homosexual acts
guilty
~can't consent to battery
R V WILSON
branded wife's bum
not guilty
~the act was like that of a tattoo of which you can consent to
Sport
R V BARNES 2004
a slightly late tackle in a football match
not guilty
~in sports you consent to possible injury
R V LLOYD 1989
rugby player kicked another player when he was already down, which broke his cheekbone
guilty of GBH
~consent gives no license for thuggery
R V JOHNSON 1986
rugby player bit another players ear
guilty
~was foul play
Rough horseplay
ATTORNEY GENERAL'S REFERENCE 1980
defendant and victim agreed to a fight in the streets
guilty
~not in the public interest that people should try to cause each ther bodily harm for no reason
R V JONES 1986
school boys were tossed in to the air by older kids, one received a broken arm and the other a raptured spleen
not guilty
~there was a mistaken belief of consent and their acts were stated and rough and undisciplined horseplay
R V AITKEN 1992
d pured spirit over patient who was passed out in fireproof blanket, victim suffered burns
not guilty
~mistaken belief of consent
ASSAULT
when the defendant causes another to fear immediate and personal violence
R V WILSON 1955
defendant shouted out get out the knives
guilty
~words can amount to an assault
R V IRELAND 1997
continuously make silent phone calls to the victim
guilty
~silence can lead to assault
R V BURSTOW 1997
victim was stalked by the defendant
guilty
~also includes psychiatric harm
SMITH V CHEIF SUPERINTENDENT OF WOKING POLICE STATION 1983
d stared through window of victim
guilty
~no physical contact needed
Basic intent crime
Maximum penalty is 6 months imprisonment/£5000
BATTERY
when the defendant intentionally or recklessly inflicts personal violence on another
FAGAN V MTRO POLICE COMISSIONER 1983
accidentally ran over a police officer's foot but when he realised he refused to move
guilty
~force was applied directly
R V MARTIN 1881
put bar across the exit of a theatre and shouted fire to scare people, victims got trampled on and injured
guilty
~force applied indirectly
HAYSTEAD V CHEIF CONSTABLE OF DERBYSHIRE 2000
d punched a woman who was carrying a baby which led her to drop the baby
guilty of battery to the baby
~indirect battery, punching the woman was like using a weapon to injure the child
DPP V K 1990
child put acid in a face and hand dryer to hide it but then another child went to use it and the dryer blew acid on to his face
guilty
~force applied indirectly
R V THOMAS 1985
school teacher touched student's skirt
not guilty
~built principle that battery can be applied through clothing
Basic intent crime
Maximum penalty is 6 months imprisonment/£5000
ACTUAL BODILY HARM S47
intentionally or recklessly cause an assault or battery that leads to actual bodily harm
DPP V SMITH 2006
defendant cut his girlfriend's hair
guilty
~the cutting of hair can lead to abh
R V CHAN FOOD 1994
the victim was interrogated so tried to escape and injured himself doing so
not guilty
~the injury needs not to be permanent but should not be so trivial as to be wholly insignificant, therefore fear and panic is not enough
Basic intent crime
Maximum sentence is 5 years imprisonment
-recklessness-
R V CUNNINGHAM 1957
ripped gas meter off of the wall to steal money hidden behind it, causing gas to leak which killed his mother in law in the next room
guilty
~defines recklessness
GRIEVOUS BODILY HARM S20
to intentionally or recklessly inflict really serious harm or wounding
-wounding-
JCC V EISENHOWER 1983