Non Fatal Offences

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Assault AR

  • An act or omission which causes this victim to apprehend immediate unlawful personal violence
  • Raised fist- Stephens v Myers
  • Fear- R v Lamb
  • Immediate- Smith v Woking
  • Can be silence- R v Ireland
  • Words can negate an assault- Tuberville V Savage
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Assault MR

  • Direct intention or recklessness to cause the victim to apprehend IUPV
  • R v Venna- intent or recklessness are both satisfactory for MR
  • R v Spratt
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Battery AR

  • Application of unlawful force from one to another
  • Cole v Turner- Slightest touch
  • Wilson v Pringle - hostile touching
  • Haystead v DPP- can be indirect
  • Collins v wilcox - Police can be charged
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Battery MR

  • Direct intention or recklessness to inflict unlawful force
  • R v Savage- intended to throw drink
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ABH AR

  • Assault occasioning ABH
  • Occasioning is the same as causing
  • D's actions must cause the harm as in Roberts
  • Chan fook- more than trivial injury
  • Mental illness eg Ireland, Contanza
  • DPP v Smith - Cutting hair
  • T v DPP - unconsciousness
  • Scratches, bruising etc
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ABH MR

  • DI or recklessness to cause victim to apprehend IUPV
  • No need to intend ABH
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GBH AR

  • Causing really serious injury
  • DPP v Smith cut hair
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GBH MR

  • s20- Intention or recklessness to cause some injury
  • R v Mowatt- gravity of harm need not be foreseen
  • s18- Intention to cause really serious injury or resist lawful arrest
  • R v Ramsell
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