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None fatal offences (Assault (AR (words can negate assault (Tuberville v…
None fatal offences
Assault
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AR
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must be capable of occurring immediately, can include immediate future (Smith v CS Woking Police; Constanza)
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conduct must cause V to apprehend immediate or unlawful violence, can be caused by words (Constanza) or actions (Ireland), if they do not believe this will happen it's not an assault (Lamb)
MR
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must be aim or purpose (direct intent - Mohan) or must realise the risk of this and yet go ahead to take the risk (subjective recklessness - Cunningham)
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Battery
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AR
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slightest touching that V doesn't consent to can amount to a battery (Collins v Wilcock) if it is more than everyday contact
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will usually arise from an action (Fagan v MPC), can be an omission where D is under a duty to act (DPP v Santana-Bermudez)
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MR
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must be aim or purpose (direct intent - Mohan) or must realise the risk of this and yet go ahead to take that risk (subjective recklessness - Cunningham)
Assault occasioning ABH
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AR
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the injury need not be permanent, but must not be that trivial that it would be regarded as insignificant (Chan-Fook)
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ABH can include physical or psychiatric injury - if psychological it must be more than mere emotions such as fear, distress or panic (Chan-Fook) and clinically recognised (Burstow)
MR
MR for assault or battery (ulterior offence) no need to prove that D had any additional MR for ABH (Savage)
must be D's aim or purpose (direct intent - Mohan) or must realise the risk of this and yet go ahead to take the risk (subjective recklessness - Cunningham)