CASES

Cards (15)

  • Constanza; Ireland
    It can be by words, actions or both.
  • Lamb
    'Apprehend’ means belief.
  • Smith v Woking 
    ‘Immediate’ means in the near future - imminent.
  • Tuberville v Savage 
    If there are words indicating that there will be no violence then this may prevent it from being an assault.
  • Mohan
    Intention is the defendant’s aim or purpose.
  • Cunningham
    Recklessness is where the defendant recognised the risk and took it anyway.
  • Collins v Wilcock
    'Force’ is any touching that the victim does not consent to, but it must be more than an everyday touching.
  • Thomas
    Even touching the victim’s clothing can be a battery.
  • Chan Fook
    ABH is any injury that is ‘more than trivial’. It also includes psychiatric injury, but this must be more than ‘mere emotions such as fear, distress or panic'.
  • T v DPP
    ABH includes momentary unconsciousness. It also includes grazes, bruising, scratches, sprains.
  • Smith; Saunders
    GBH is ‘serious harm’.
  • Burstow 
    Serious psychiatric injury can be considered GBH.
  • Dica
    Serious infections can also be GBH.
  • Eisenhower 
    A wound is ‘any break in the continuity of the skin’.
  • Morrison
    'A person who intends to resist or prevent arrest, and has intention or recklessness as to causing a wound or injury’, can also be liable for S.18 OAPA 1861.