Non fatal offences

• What act is assault under
• What act is Assault under

  S.39 of the Criminal Justice Act 1988
• What is the AR of assault

  Causing the V to apprehend immediate and unlawful violence
• What does Constanza and Ireland say about Assault

  Constanza - words amounted to assault

  Ireland - silent phone calls amounted to assault
• What is the MR of assault

  intention or recklessness to cause the victim to apprehend immediate and unlawful violence

  shown in Savage
• What act is Battery under

  S.39 of Criminal Justice Act 1988
• What is the AR of battery

  Application of unlawful force - however slight
• What are the 4 ways a battery can occur + cases

  Direct Act - Collins V Wilcock

  Indirect Act - Haystead

  Continuing Act - Fagan V MPC

  Omission - DPP V Sanatana - Bermudez
• What is the MR for battery

  D intends or recklessly applies unlawful force on the V

  Venna
• What Act is ABH under

  S.47 of Offences Against Person Act 1861
• What is the AR for ABH


  any assault or battery which occasions ABH
• What does Miller define ABH as


  Any hurt or injury that interferes with health and comfort of V

  Injury need not be permanent but must be more than transient and trifling
• What does Chan Fook say


  harm should not be so trivial , wholly insignificant and includes psychiatric injury
• What is the MR of ABH

  D intends or is reckless to cause the assault or battery

  D need not foresee ABH injury, only assault or battery Roberts/Savage
• What act is GBH s.20 under

  S.20 of Offences Against the Person Act 1861
• What is the AR of GBH S.20

  unlawfully and maliciously wound or inflict GBH
• What did JCCVEisenhower define wound as

  break in the layers of skin, with blood loss
• What did DPPVSMITH define GBH as

  really serious harm
• What is the MR for GBHs.20

  D intends or is reckless to cause 'some harm', they do not need to foresee GBH

  Parmenter
• What act is GBHs.18 under

  S.18 of Offences Against Person Act 1861
• What is the AR of GBHs.18

  Unlawfully and maliciously wound or cause GBH

  JCC V Eisenhower defined wound = breaks in layer of skin + blood loss

  DPP V Smith defined GBH as really serious harm
• What is the MR of GBH S.18

  Specific intention to cause really serious harm (GBH)

  as stated in Taylor or an intent to resist or prevent an arrest and cause really serious harm in the process (Morrison)