Non fatal offences

• Technical Assault


  This is when D causes V to apprehend immediate unlawful force intentionally or recklessly.
• Assault -AR case

  (Tuberville v Savage)- words caused v to apprehend unlawful force {if it were not for assize time}
• Assault - MR case

  (logdon)-pointing an gun at a woman caused her to fear unlawful force . D didnt intend but was reckless
• Battery

  When D intentionally or recklessly applies unlawful force to V
• AR case (Battery)

  (Thomas)- Mere touching of clothes can amount to unlawful force
• MR case(Battery)

  (Fagan)- D intentionally kept his car on a police officers foot
• Assault Occasioning Actual Bodily harm (s47)

  When an assault or battery causes harm that interferes with the health and comfort of the victim ( can be physical or mental)
• Elements of ABH(s47)

  1. There must be an assault or battery

  2. Causes harm (Causation)

  3.Interferes with the health and/or comfort of v
• Key Cases (ABH)

  (Smith 2006)- Cutting of hair = ABH

  (T v DPP)- Loss of conscience = ABH

  (Chan fook 1994)- Psych harm = ABH
• Greivous Bodily harm ( s20 wounding) {AR}

  Unlawfully wounding or inflicting GBH ( A wound is the continuous breaking of the skin ) This can include psychiatric and sexual diseases .
• GBH cases (AR)

  (JCC v Eisenhower)- bruising from air rifle pellet isnt wounding as no continuous breaking of 2 layers of skin

  
  

  (Burstow) - Harassment caused psychiatric damage to V - The courts allowed this to pass as ABH
• GBH cases (MR)

  (Bollom)- D beat a child intending only some harm so couldnt be guilty of a s18 offence so was given s20
• S18 wounding / or causing GBH

  AR is the same as s20 (causing wounding) however D has to intend to cause GBH or a wound or intend to resist arrest and be reckless to whether a wound or injury is caused.
• S18 Wounding Cases


  (Belfon 1976)- D slashed v with a razor = direct intent to cause wounding = s18

  
  

  (Morrison 1989)- D tried to escape old bill dragging one through a window causing wounding - s18 as resisting arrest
• Assault - D must intentionally or recklessly cause the victim to apprehend immediate unlawful personal violence


  Fagan v MPC
• Unlawful violence can be apprehended due to use of words, gestures or other means

  • Ireland - Silent phone calls
  • Constanza - 800 unwanted letters
  • Tuberville v Savage - words can nullify an assault
• Mens Rea of Assault - Intention to cause another to apprehend the application of immediate unlawful violence or recklessness as to whether fear was caused 


  R v Savage
• Application of unlawful force can be any touching. It does not require V to suffer harm or pain

  Cole v Turner
• V must not consent to the touch in order for it to battery


  Collins v Wilcock
• The application of force can be indirect -Battery

  Haystead v DPP
• Mens rea for battery - Intention to apply unlawful physical force or recklessness as to that force being applied


  Savage
• Actual bodily harm means more than trivial but less than serious harm 


  Chan Fook
• Hurt of injury calculated to interfere with the victim's health or comfort

  Miller
• Mens rea for ABH - D only needs mens rea for assault or battery


  Roberts
• Grievious means really serious harm 


  DPP v Smith
• Serious psychiatric injury is capable of being GBH

  Burstow
• Biological harm can be classified as GBH

  Dica
• A wound is a 'break the continuity of the skin'


  Moriarty v Brookes
• Internal bleeding is not sufficent for GBH


  JCC v Eisenhower
• Mens rea for s20 - D intends or is reckless as to inflect some harm 


  Savage
• Mens rea for GBH s18 - D must intend really serious harm (recklessness is not enough)


  Belfon
• Intention to wound is not enough for s18 GBH 


  Taylor