Non-fatal offences against the person

Created by

Abi

Cards (19)

What are the four most common offences. in order from least serious to most serious
common technical assault and battery.( S39 criminal justice Act 1988 )
assault occasioning actual bodily harm( S47 offences Against the person Act 1861 )
unlawful wounding and/or the unlawful infliction of grievous bodily harm( S20 offences Against the person Act 1861 )
unlawful wounding and the unlawful causing of grievous Bodily harm with intent to do GBH( S.18 Offences Against the person act 1861 )
What is the definition of assault  
An act which caused the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness to weather such fear is caused.
What is the Actus Reus of assault
An act which causes another person to apprehend the infliction of immediate unlawful force of his person
What is an act of assault
words alone
written words
silence (no words)
threatening actions
What case goes with words alone
Read and Coker
What happened in the case of Read and Coker (1853)  
V surrounded by aggressive-looking servants. they said ” if you don’t leave I’ll break your neck “
words were classes as an assault.
What case goes with written words  
R V Constanaza 1997
What happened in R V Constanaza 1997
D wrote 800 letters to V
letters = assault
What case goes with the silence act  
R V Ireland 1997
What happened in the case R V Ireland 1997
D made loads of silent phone calls to V. V suffered psychiatric injury. D = convicted of ABH
What case went with threatening actions act
Stevens and myers
What happened in Stevens V Myers case 1830  
D walked towards V with fists raised but was stopped. D guilty even tho It didn’t actually happen
Cases in the apprehension of force
R V Logdon 1976
R V Lamb 1967
What happened in the case R V Logdon 1976 
D points fake gun at V. V Apprehends the infliction of violence upon himself. Actus Reus = complete
What happens in the case R V Lamb 1967
Two boys were playing with a revolver. Believed it wouldn’t fire. One shot the other killing the boys.
as the V didn’t apprehend the unlawful personal violence. Not guilty
Cases which come under immediate
Smith V Working PC 1983
Tuberville V Savage 1669
R V Light 1857
What happened in the case Smith V Working PC 1983 
D looked through window, if seen threat could be implemented. Words indicating that there will be no assault
What happened in Tuberville V Savage 1669
D put hand on sword and said if judges weren’t in town, he would kill her. Because judges were = not an assault
What happened in the case R V Light 1857
D raised Sword above wife’s head, said he’d kill her id police weren’t outside, she feared her life, D = guilty of assault