Non-Fatal Offences Definitions

• Constanza


  The D's conviction was upheld as words alone can be an assault
• R v Ireland


  The D's conviction was upheld as silence can amount to an assault
• Tuberville v Savage


  This was not an assault as the words indicated that no violence that no violence would follow.
• Smith v Chief Constable of Woking


  The D's conviction upheld as the D had intention to frighten the V and caused her to fear some act of immediate violence.
• Collins v Wilcock


  The police woman's actions amounted to a battery and therefore the D's actions were in self defence and her conviction was quashed.
• Thomas


  Touching a person's clothing satisfies the offence of battery.
• Fagan v MPC


  •The diving onto the foot and remaining there was part of a continuing act.
• DPP v K


  •The application of force need not be directly applied.
• Haystead v CC of Derbyshire


  •The D was guilty because he was reckless as to whether or not his acts would injure the child. It was not necessary that there was the direct application of force to the child.
• Santa-Bermudez


  •The D's failure to tell her of the needle could amount to the AR by wat of an omission of setting in motion a chain of events.
• Miller


  •ABH is any hurt or injury calculated to interfere with the health and comfort of the V
• T v DPP


  Loss of consciousness, even for a short time, could amount to ABH
• DPP v Smith


  The cutting of hair did amount to ABH.
• Chan Fook


  Psychiatric injury can be classed as ABH.
• Savage and Parmenter


  It was sufficient that they intended or could foresee that some harm will result.
• JCC v Eisenhower


  There was no cut and therefore not a wound. There needs to be a break in the continuity of the skin.
• Dica


  Knowingly transmitting STD's can be GBH
• Bollom


  The D argued that the jury should not consider the age of the V. However, it was held the jury are entitled to take into account the particular characteristics of the V.
• Cunningham


  Maliciously means intention to do a particular kind of harm and recklessness as to whether such harm should occur.
• Parmenter


  •Cunningham applies where the law states 'maliciously
• Belfon


  The D must intend to cause the V harm and not just be reckless.
• Taylor


  An intention to wound was no sufficient for the mens rea of s.18.
• Morrison


  The prosecution must prove that the D either intended injury or realised there was a risk of injury and took that risk.
• Actus Reus of Assault


  An act which causes fear of immediate, unlawful force
• Mens Rea of Assault


  Intention or recklessness to causing the V to apprehend immediate, unlawful violence
• Actus Reus of Battery


  Application of unlawful force to another person
• Mens Rea of Battery


  Intention or recklessness to using unlawful force on the V
• Actual Bodily Harm

  s.47 of the Offences Against the Persons Act 1861
• Actus Reus of Actual Bodily Harm


  An assault or battery which causes actual bodily harm
• Mens Rea of Actual Bodily Harm


  The same mens rea for assault or battery (whichever the D committed)
• Definition of a Wound

  A cut or break in the continuity of the skin (JCC v Eisenhower)
• Actus Reus of s.20 GBH


  To wound or inflict grievous bodily harm on the V
• Mens Rea of s.20 GBH


  Intentionally or maliciously (recklessly) wounding of inflicting GBH
• Definition of grievous bodily harm

  Really serious harm (DPP v Smith)
• Actus Reus of s.18 GBH


  To wound or inflict grievous bodily harm on the V
• Mens Rea of s.18 GBH


  Intention to cause really serious harm or intention to resists or prevent lawful arrest whilst being reckless as to causing some harm to the V