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Non-Fatal Offences Against The Person - Coggle Diagram
Non-Fatal Offences Against The Person
Assault
Actus Reus
An Act
• Cannot be an omission
• Words can be sufficient (R v Constanza 1997)
Apprehend Immediate Unlawful Force
• Immediate means imminent (Smith v CS (Woking) 1983
• Words can negate an assault (Tuberville v Savage 1669)
Mens Rea
Intention to cause another to fear immediate unlawful force
• Logdon v DPP 1976
Recklessness as to whether such fear is caused
• DPP v Majewski 1976
“An Act which causes V to apprehend the infliction of immediate, unlawful force with intention or recklessness as to whether the act caused another to fear immediate unlawful force”
s47 OAPA: Assault Occasioning Actual Bodily Harm
R v Miller 1954: "any hurt or injury calculated to interfere with the health or comfort of the victim". R v Chan Fook 1994: "bodily" is to include psychiatric injury
Actus Reus
Proof an assault or battery took place
Proof this caused ABH
Not limited to skin, flesh and bones
DPP v Smith 2006 - cutting hair
R v Chan Fook 1994 - psychiatric injury
T v DPP 2003 - loss of consciousness
Mens Rea (same as assault or battery)
To intend or be reckless as to whether the victim was caused to apprehend immediate unlawful force
To intend or be reckless as to whether unlawful force is applied
No need to intend or be reckless as to whether ABH is caused
R v Roberts 1971
R v Savage 1991
s20 OAPA: Malicious wounding/inflicting grievous bodily harm
Actus Reus
An act (direct/indirect) or ommission - Martins 1881
Need not be a technical assault - R v Burstow 1997
Must cause a wound
OR...
(a cutting of the whole of the skin) - JCC v Eisenhower 1983
...Inflict grievous bodily harm
DPP v Smith 1961 ("really serious harm" but need not be life threatening)
Saunders 1985 (no need for "really" just "serious harm")
R v Burstow 1997 (psychiatric harm can amount to GBH)
R v Bollom 2004 (CoA states bruising can amount to GBH)
R v Dica 2004 (passing on HIV can amount to GBH)
"Whosoever shall unlawfully and
maliciously
wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of an offence"
Mens Rea
Intention to do "some" harm (R v Mowatt 1968)
Recklessness as to whether some injury was caused (R v Parmenter 1991)
Battery
Actus Reus
Omissions
• DPP v Santana Bermudez 2003
Indirect Act
• Haystead v CC (Derbyshire) 2000
Any touching applies, even physical restraint
• Collins v Wilcock 1984
Continuing Act
• Fagan v MPC 1968
Defences
Self-defence (Wood v DPP 2008)
consent including everyday jostling of life (Collins v Willcock 1984)
Prevention of a crime
Reasonalble Chastisement of Children (A v UK 1998 - s58 Children Act 2004)
Mens Rea
Intention to apply unlawful force (R v Venna 1975)
Recklessness as to whether such force is applied (DPP v Majewski 1976)
"The application of unlawful force to another intending to apply unlawful physical force or recklessness as to whether unlawful force is applied"
s18 OAPA: Malicious wounding or causing grievous bodily harm
with intent
Actus Reus
An act (direct/indirect) or omission - R v Martins 1881
Need not be a technical assault - R v Burstow 1997
Causes a wound
OR...
(a cutting of the whole of the skin) - JCC v Eisenhower 1983
Causes grievous bodily harm - Eisenhower/Saunders/Burstow/Bollom/Dica
Mens Rea
Intent to cause grievous bodily harm - R v Taylor 2009
Intent to resist arrest - R v Morrison 1989
"Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist (arrest) shall be guilty of an offence"