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Offences Against the Person 1 - Coggle Diagram
Offences Against the Person 1
Common Assault
Actus Reus
An Act
R v Nelson 2013: Ommissions not sufficient for assault
R v Constanza 1997
: words/letters can constitute an assault
R v Ireland 1998
: silent telephone calls can constitute an assault
Causes the victim to apprehend
IMMIEDIATE
unlawful force
Smith v CS Woking 1983
: the D approached a woman's bedroom window at 11pm. She called the police and he continued to stare at her. Court held 'immediate' force means 'imminent' force
Causes the victim to apprehend immediate
UNLAWFUL
force
Faulkner v Talbot 1981
: "any intentional or reckless touching of another person without their permission or without lawful excuse"
Words can negate an assault
Tuberville v Savage 1669
: "if it were not assize time, I would not take such language from you"
Mens Rea
INTENTION
to cause the victim to apprehend immediate unlawful force
Smith v CS Woking 1983
RECKLESSNESS
as to whether apprehension of unlawful force was caused
DPP v Majewski 1976
Logdon v DPP 1976
Definition
"an Act which causes the victim to apprehend the application of immediate unlawful force with intention or recklessness as to whether the apprehension of immediate unlawful force occurred"
R v Nelson 2013: CoA decided that commissions could not constitute to an assault
Battery
Actus Reus
Fagan v MPC 1968
: Continuing Acts can constitute a battery
DPP v K 1990
: An indirect act can amount to a battery
Collins v Wilcock 1982/Wood v DPP 2008
: the merest of touches can amount to a batter. Self-defence is allowed in response to a battery
DPP v Santana Bermudez 2003
: Ommissions can constitute a battery
Mens Rea
INTENTION
to apply unlawful force
RECKLESSNESS
as to whether unlawful force is applied
DPP v Majewski 1976
R v Venna 1975
Definition
"the application of unlawful force with either intention or recklessness as to whether unlawful force was applied"
Faulkner v Talbot 1981
: unlawful force is "any intentional or reckless touching of another person without their consent and without lawful excuse"
s47
Actus Reus
It must be proved that there was an
ASSAULT/BATTERY
DPP v K 1990
:the application of acid onto the Vs skin was the battery, and the burns caused to the V was the ABH
It must be proved this assault/battery
CAUSED ABH
DPP v Smith 2006
: Cutting of someone's hair can be actual bodily harm
R v Chan Fook 1994
: Psychiatric injury can amount to both ABH (ratio decided) and GBH (obiter dicta)
T v DPP 2003
: Loss of consciousness can amount to ABH
Mens Rea
INTENTION
to apply or cause the victim to fear immediate unlawful force
R v Roberts 1971
: a woman jumped from a car after defendant made sexual advances towards her. D convicted of ABH
RECKLESSNESS
as to whether unlawful force is feared/applied
R v Savage 1991
threw beer over her partner's ex-girlfriend, and then glass slipped from her hand, causing the victim to be cut. Although this was reckless she was still guilty of ABH.
Definition
Assault: 'an act which causes the victim to fear the application of immediate unlawful force'
Actual Bodily Harm
R v Miller 1954
: "any hurt or injury calculated to interfere with the health and comfort of the victim"
R v Chan Fook 1994
:
Actual = "not wholly insignificant"
Bodily = "includes psychiatric harm"