OAPA
Assault, battery, abh, GBH
- Created by: jesskeayy
- Created on: 03-05-19 13:17
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- OAPA
- Common assault
- Where D intentionally/ recklessly causes v to apprehend immediate or unlawful force
- s.38 CJA 1988
- Distinguished from battery: D intentionally/ recklessly inflicts unlawful force
- Little (1992)Cannot charge with both offences, one or the other
- Battery AR and MR: AR- Application of force, direct or indirect, non-consensual, physical contact. MR- intention to touching or applying force to V
- Collins v Wilcock: doesn't require injury
- Fagan (1968) can be carried out by an instrument
- DPP v K (1990) indirect infliction is still a battery
- Fagan (1968) can be carried out by an instrument
- Collins v Wilcock: doesn't require injury
- Elements: AR- act, apprehension, immediate violence MR- intention to cause apprehension of immediate unlawful violence
- MR: Intention to cause apprehension of immediate unlawful violence
- Cannot be cause by an omission
- Constanza: Does not need to be instantaneous
- Tuberville v Savage (1661) no immediacy in a conditional threat
- Logdon (1976) as long as V believes they're in immediate danger
- Collins v Wilcock: use of unlawful force by a police officer
- Logdon (1976) as long as V believes they're in immediate danger
- Tuberville v Savage (1661) no immediacy in a conditional threat
- Constanza: Does not need to be instantaneous
- Where D intentionally/ recklessly causes v to apprehend immediate or unlawful force
- Assault occasioning ABH
- s.47 CJA 1988
- AR: needs assault or battery to cause ABH MR: common assault or battery
- Must be more than touching
- Marital **** can be ABH
- Ireland [1997] can be a recognisable psychiatric injury
- Dhaliwal [2006] emotions do not satisfy
- Ireland [1997] can be a recognisable psychiatric injury
- Marital **** can be ABH
- DPP v Smith [2006] cutting hair is ABH
- Must be more than touching
- Donovan [1934] any injury calculated to interfere with health/comfort. Need not be permanent, must be more than trifling
- Miller [1954]
- MR: intention or subjective recklessness
- Savage and Parmenter [1991] intention to throw beer, not the glass
- No extra MR for ABH to be necessary
- AR: needs assault or battery to cause ABH MR: common assault or battery
- s.47 CJA 1988
- Wounding/ inflicting GBH
- s.20 CJA 1988
- Up to 5 years in prison
- AR: assault/ battery AR
- MR: intentional wounding, intentional infliction of GBH, reckless wounding and reckless intention of wounding
- Cunningham (1957) subjective recklessness
- D only has to foresee some harm
- savage and Parmenter (1991) crown must prove: D intends to cause some harm, D is reckless to the thought that some harm might occur and takes the risk anyway
- MR: intentional wounding, intentional infliction of GBH, reckless wounding and reckless intention of wounding
- Whosoever shall unlawfully and maliciously wound/inflict any GBH upon any weapon or instrument, shall be guilty of a misdemeanor
- Eisenhower [1984] wounding a minor
- Bollom [2004] injuries don't need to be permanent/ require medical treatment
- DPP v Smith (1960) 'grevious' means no more/no less than really serious
- Mohammed Dica(2004) knowingly having sex when HIV positive
- Ireland (1997) can include recognised psychiatric illness
- Eisenhower [1984] wounding a minor
- s.20 CJA 1988
- GBH with intent
- AR: same AR as battery/ assault
- MR: requires malicious intention
- Malicious: intentionally or recklessly
- s.18 CJA 1988
- Requires 2 separate offences: 1. maliciously wound with intent to do GBH. 2. Maliciously wound with intent to resist lawful apprehension of any person
- Belfon (1976) requires intent, recklessness isn't enough
- Requires 2 separate offences: 1. maliciously wound with intent to do GBH. 2. Maliciously wound with intent to resist lawful apprehension of any person
- Common assault
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