Checklist Non-Fatal Offences (S.39 Criminal Justice Act 1988. (Assault …
Checklist Non-Fatal Offences
S.39 Criminal Justice Act 1988.
Silence can be an Assault- Ireland. Other words said can prevent the Assault- Tuberville v Savage. Apprehension of immediate force? > No injury needed >Smith v Woking Police
D either intends for V to apprehend violence or D is reckless about whether V apprehends violence- Logen
Is there application of force? > No requirement or an injury > Any touching- Collins v Wilcock > Touching of clothes- Thomas
D either intends to apply force to V or D is reckless about whether he applies force to V- Venna
S.47 Offences Against the Person Act 1861
There must be an Assault or Battery. > Assault: an act which causes another to apprehend immediate and unlawful violence- Ireland, Smith v Woking Police. >Battery: application of unlawful force to another person- Collins v Wilcock
ABH- Actual Bodily Harm > ABH defined in Chan Fook- Hurt, damage or injury which is more than trivial. > Is there an injury? Does it interfere with V's health/comfort? Could be physical/ psychiatric. > Is it more than trivial? >Other Key Cases T v DPP, DPP v Smith
D must have the Mens Rea for the Assault/Battery. > No need to intend the injury- Roberts, Savage.
S.20 & S.18 Offences Against the Person Act 1861
GBH- Grievous Bodily Harm. Definition in DPP v Smith- Really serious harm. Brown & Stratton suggest several smaller injuries could be GBH when viewed together
Wounding- Definition in Eisenhower- break two layers of the skin
S.20- D must intend or be reckless as to some injury >Recklessness is enough > No need to intend a serious injury Mowatt, Parmenter
S.18 D must intend to cause GBH- Belfon. Intention may be direct (Mohan) or indirect (Woolin)