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Non-Fatal Offences (Assault (Definition (Summary offence, Max sentence: 6…

- - - - Act
        
        D must do something
        
        act (gesture or action)
        
        words (Verbal or written): R v Constanza
      - Apprehend
        
        Await with fear or anxiety: R v Lamb
      - Immediate
        
        The possibility of an immediate attack: R v Ireland
      - Unlawful
        
        Unlawful unless there is a lawful reason
        
        e.g. self defence or victim consent
  - - - Intention
        
        Deliberate decision by D to bring about a prohibited consequence: R v Mohan
      - Recklessness
        
        Conscious risk taking: R v Cunningham
        
        1) D realised there was a risk
        
        2) D took the risk anyway
- - - - Physical
        
        Any physical contact can amount to battery
        
        Directly (D applies the force)
        
        Indirectly (D causes force to be applied)
        
        A mere touch is sufficient: Collins v Wilcock
        
        Touching clothes is sufficient: R v Thomas
      - Unlawful
        
        Unlawful unless there is a lawful reason
        
        e.g. self defence or victim consent
        
        Accidental application of force may become unlawful if not removed: Fagan v MPC
  - - - Intention
        
        Deliberate decision by D to bring about a prohibited consequence: R v Mohan
      - Recklessness
        
        Conscious risk taking: R v Cunningham
        
        1) D realised there was a risk
        
        2) D took the risk anyway
- - - - Caused hurt or injury calculated to interfere with health or comfort: R v Miller
      - Injury must not be so trivial as to be wholly insignificant: R v Chan-fook
      - Includes psychological injury if it is a clinically recognised condition
      - Includes hair: DPP v Smith
  - - - Deliberate decision by D to bring about a prohibited consequence: R v Mohan
    - - Conscious risk taking: R v Cunningham
      - 1) D realised there was a risk
      - 2) D took the risk anyway
- - - - S20 of Offences against the Persons Act 1861
      - Tri-able either way offence
      - Max sentence: 5 years
    - - Unlawful wounding or unlawful infliction of GBH
        
        Wounding
        
        Penetration of the top 2 layers of skins (epidermis and dermis): JJC v Eisenhower
        
        Grievous Bodily Harm
        
        Really serious harm: DPP v Smith
        
        Harm can be physical or psychological: R v Ireland
        
        Unlawful
        
        Unlawful unless there is a lawful reason
        
        e.g. self defence or victim consent
    - - Maliciously, intentionally or recklessly, causing 'some harm'
        
        Intention
        
        Deliberate decision by D to bring about a prohibited consequence: R v Mohan
        
        Recklessness
        
        Conscious risk taking: R v Cunningham
        
        1) D realised there was a risk
        
        2) D took the risk anyway
  - - - Indictable offence
      - Max sentence: life imprisonment
      - S18 of Offences Against the Person Act 1861
    - - (Same as S20)
    - - Intention to cause GBH
        
        Must have intended to cause 'really serious harm' not just 'some harm'