Non-fatal offences (assault and battery)
- Created by: Amy Baron
- Created on: 09-05-13 17:03
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- Non-fatal offences (s.39 CJA 1988
- Assault
- A/R- An act causing a person to apprehend immediate unlawful violence
- Fagan v MPC 1969 set out this definition
- M/R- Intention or recklessness (basic intent crime)
- DPP v Majewski 1976
- If D is intoxicated when he commits the A/R it is considered to be a reckless act. Public policy grounds
- Subjective (cunningham) recklessness - foresee a risk and take it anyway (unjustified)
- DPP v Majewski 1976
- M/R- Intention or recklessness (basic intent crime)
- R v Constanza 1997
- Words may amount to an assault
- R v Wilson 1995
- Words may amount to an assault
- R v Ireland 1997
- Silent telephone calls could constitute an assault
- R v Smith 1983
- Threat must be of immediate violence - e.g. not from a passing train
- Fagan v MPC 1969 set out this definition
- M/R- Intention or recklessness (basic intent crime)
- DPP v Majewski 1976
- If D is intoxicated when he commits the A/R it is considered to be a reckless act. Public policy grounds
- Subjective (cunningham) recklessness - foresee a risk and take it anyway (unjustified)
- DPP v Majewski 1976
- Must be a positive act so an omission is insufficient
- A/R- An act causing a person to apprehend immediate unlawful violence
- Battery
- A/R- applies unlawful physical force to another person
- Collins v Wilcock 1984
- It need not be a serious attack, unlawful touching will do
- Fagan v MPC 1969
- Application of force can be indirect
- DPP v K 1990
- Deliberately driving over someone's foot is battery
- Application of force can be indirect
- DPP v K 1990
- Collins v Wilcock 1984
- M/R- Intention or recklessness (basic intent crime)
- DPP v Santana-Bermudez 2003
- If D is under a duty then he/she may commit a battery through an omission
- DPP v Santana-Bermudez 2003
- A/R- applies unlawful physical force to another person
- Both are common law offences
- Assault
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