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Non-fatal Offences Against the Person (OAPA 1861 (s. 47- Assault…
Non-fatal Offences Against the Person
Common Law
Battery
AR (
Fagan v MPC
)
Application of force
Can be the slightest touch (
Collins v Wilcocks
)
Through clothes (
R v Thomas
)
Need not be aggressive (
Faulkner v Talbot
)
Need not be applied directly (
R v Martin; DPP v K
)
Cannot be an omission (
Fagan v MPC
)
c.f.
DPP v Santana-Bermudez
Upon another
Unlawful
MR (
R v Venna
)
Intention or recklessness as to the application of unlawful force upon another
R v G
recklessness
Was the defendant aware of the risk?
Was it as reasonable risk to take (social utility (
R v Shimmen
))
Intention = aim or purpose (
R v Maloney
)
Assault
AR (
Fagan v MPC
)
Apprehension of personal physical violence
D causes V to believe he can and will carry out threat of force (
R v Lamb
)
If threat apprehended, a lack of actual means is irrelevant (
Logdon v DPP
)
Silence or words spoken is enough (
R v Ireland; Burstow; R v Wilson
)
Threat of immediate violence (
R v Ireland; Burstow; R v Constanza
)
Unlawful
MR (
R v Venna; R v Savage; Parmenter
)
Intention or recklessness as to causing V to apprehend immediate and unlawful personal violence
Intention = aim or purpose (
R v Maloney
)
R v G
recklessness
Was the defendant aware of the risk?
Was it as reasonable risk to take (social utility (
R v Shimmen
))
OAPA 1861
s. 47- Assault occasioning ABH
AR
Assault
Includes assault or battery (
DPP v Little; R v Ireland; Burstow
)
Full AR and MR
Occasioning
Causing
Factual causation
'But for' (
R v White
)
Legal causation
Operating and substantial cause (
R v Pagett
)
2 more items...
Creating injury which they fail to avert counts (
DPP v Santana-Bermudez
)
ABH
'Any hurt or injury calculated to interfere with the health or comfort of the victim (
R v Miller
)
Not so trivial as to be wholly insignificant (
R v Chan-Fook
)
Momentary loss of consciousness held to be ABH (
T v DPP
)
Includes psychiatric evidence (
R v Chan-Fook
)
Cutting hair (dead tissue) counts (
DPP v Smith
)
MR
Only requires MR of assault or battery
s. 20- Malicious wounding or inflicting GBH
AR (inflict = cause (
R v Wilson
))
Wound or inflict GBH
Wound = break in continuity of both layers of the skin (
C (a minor) v Eisenhower
)
Wound must be caused by D
GBH = serious harm (
R v Saunders
)
Psychiatric injury if serious enough (R v Ireland; Burstow)
Jury should consider effect of injuries on victim, given victim's age and health. Consider totality of injuries (
R v Bollom
)
MR
Intention or recklessness as to causing harm (
R v Savage; Parmenter
)
s. 18- Wounding or causing GBH with intent
MR
Intention to cause GBH (specific intent)
s. 24- unlawfully and maliciously administering to or causing to be administered or taken by another person any poison or other such destructive or noxious thing, with intent to injure or annoy such person (3 offences (
R v Kennedy
))
AR
Administer; cause to be administer; cause to be taken (
R v Kennedy
)
Administer
e.g. injecting V; holding glass to V's lips; spraying in V's face (
R v Gillard
)
Cause to be administered
Causes TP to administer
Causation
Cause to be taken
Cause ignorant ingestion (
R v Gillard
)
Poison, destructive or noxious thing
Hurtful, unwholesome or objectionable (
R v Marcus
)
Case dependant given circumstances including nature of the quantity given
MR
Intention or recklessness as to administration of substance
Intention to injure aggrieve or annoy by effects of administration itself or by some ulterior motive (
R v Hill
)
s. 23- unlawfully and maliciously administering to or causing to be administered or taken by another person any poison or other such destructive or noxious thing, so as to endanger the life of the person, or so as thereby to inflict upon such a person any GBH
AR
Poison, destructive or noxious thing
Liable to injure in common use (
R v Cato
)
Inherently dangerous
So as to endanger life or inflict GBH
Must result from administration
Causation
MR
Intention or recklessness as to administration
Knew or was reckless to fact that the substance was a poison or other destructive or noxious thing
R v G
recklessness
No need to prove intention or recklessness to endanger life or cause GBH (
R v Cato
)
Intention = aim or purpose (
R v Maloney
)