Non-fatal offences

• What happened in Smith v Woking 1983?

  D entered a garden at night and looked at V through window
• What was the point of law in Smith v Woking 1983?

  Assault can be through a window if V fears that D is about to enter and be violent. The impact on V is the important factor
• What happened in Ireland 1999?

  D made silent phone calls.
• What was the point of law in Ireland 1999?

  Silence may amount to an assault
• What happened in Tuberville v Savage 1669?

  D put his hand on sword and said "If it were not assize time I would not take such language from you".
• What was the point of law in Tuberville v Savage 1669?

  Words can prevent a gesture from being an assault.
• What happened in Logdon 1976?

  D pointed an imitation gun at a woman in jest. She was terrified. The defendant then told her it wasn't real.
• What was the point of law in Lodgon 1976?

  D was reckless as to whether she would apprehend such violence. It was irrelevant that D did not intend to carry out threat.
• What happened in Collins v Wilcock 1984?

  Police officer held a woman's arm to prevent her walking away.
• What was the point of law in Collins v Wilcock 1984?

  Any touching may be a battery and always is if there is physical restraint unless part of a lawful arrest.
• What happened in Thomas 1985?

  School caretkaer touched hem of girl's skirt.
• What was the point of law in Thomas 1985?

  Touching someone's clothing can be a battery if they are wearing the clothes.
• What happened in DPP v K 1990?

  D put acid in hand drier
• What was the point of law in DPP v K 1990?

  A battery can be by an indirect act.
• What happened in Santana-Bermudez?

  D failed to tell a policewoman that he had a needle in his pocket. She was injured when searching him.
• What was the point of law in Santana-Bermudez 2003?

  An omission is sufficient for the Actus Reus of battery
• What happened in Venna 1976?

  D struggled with a PO arresting him and was judged to have committed battery recklessly
• What was the point of law in Venna 1976?

  Mens rea of battery defined as intentionally or recklessly applying force to another person
• What happened in Miller 1954?

  Domestic abuse case
• What was the point of law in Miller 1954?

  Actual Bodily Harm includes "any hurt or injury calculated to interfere with the health or comfort of the victim". It must be more than trivial.
• What happened in DPP v Smith 2006?

  D cut off ex-girlfriend's ponytail.
• What was the point of law in DPP v Smith 2006?

  Cutting off a substantial amount of hair, although it was dead tissue can amount to ABH
• What happened in T v DPP 2003?

  D and others chased V. V fell and momentarily lost consciousness.
• What was the point of law in T v DPP?

  a momentary loss of consciousness could be ABH.
• What was the point of law in Ireland 1999 (OAPA- ABH)?

  "Bodily harm" includes psychiatric illness but does not include "mere emotions".
• What happened in Savage 1991?

  D threw beer over woman in pub. Glass slipped and cut V. D said she did not intend or realise there was risk of V being injured.
• What was the point of law in Savage 1991?

  Provided D has the MR of assault or battery, there is no need to prove a further mental state in relation to the actual bodily harm.
• What happened in Eisenhower 1983?

  V hit in the eye - did not penetrate the eye surface but did cause severe bleeding under the surface.
• What was the point of law in Eisenhower 1983?

  For a "wound" to exist 2 layers of the skin must be pierced. As there was no cut to the surface of the eye it was held that this was not a wound.
• What was the Actus Reus of DPP v Smith 1961?

  GBH defined as "really serious harm".
• What happened in Bollom 2004?

  D caused bruises and abrasions to a 17 month old baby
• What was the point of law in Bollom 2004?

  When deciding if an injury is GBH the age of the victim can be considered.
• What happened in Brown and Stratton 1997?

  D attacked V with a chair causing a broken nose, 3 lost teeth and concussion.
• What was the point of law in Brown and Stratton 1997?

  Several minor injuries may amount to GBH.
• What happened in Burstow 1997?

  D stalked V, making threatening phone calls, sending hate mail, stole washing from line etc
• What was the point of law in Burstow 1997?

  GBH covers serious psychiatric injury . "inflict" in s.20 does not require a technical assault or battery so no real difference in the AR of s.18 and s.20
• What happened in Dica 2004?

  D infected 2 women with HIV
• What was the point of law of Dica 2004?

  Infecting someone with a biological disease may be GBH.
• What happened in Parmenter 1991?

  D threw 3 month old baby into the air and caught him. D did not realise there was risk of any injury.
• What was the point of law in Parmenter 1991?

  D must foresee the risk of some har but need not intend or foresee that his unlawful act might cause serious injury.