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Non-fatal offences

Criminal law (University of London)

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Eishenhower

Wounding
Waltham

AR Wood

DPP v Smith
s.18 Cause GBH
Ballom
MR - intent Mandair
1.
Wilson

AR GBH must be ‘inflicted’ Clarence

s.20
Dica
MR Parmenter
N o n -F ata l O ffe n ces

Causing
apprehension Parementer

Thomas v NUM

Offences Immediacy Ireland

AR
Against
Person Act constanza
1981 Simple
Assault s.3(1) CLA 1967
Unlawful force
Cousins
MR Sprat

DPP v Smith
a common assault
Collins c Wilcock
Force
Fagan v MPC

AR Scott v Shepherd

Collins v Wilcock
Unlawful Force
s.47 Battery
Donnely v Jackman
Chan - Fook
Intention -apply
MR
actual bodily harm Ireland unconsented force

DPP v Smith

a causal connection (occasioning) Roberts

between the assault and the harm.

Eishenhower 2. Waltham
 It require penetration of both skin  Internal membrane rupture is wound
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3. Wood 17. Collins c Wilcock

 Broken leg – x wound unless it puncture the skin.  Police woman grabbed a woman's arm to stop her walking off when she was questioning her.
Actions amounted to a battery, no consent given
4. DPP v Smith
 GBH means 'really serious harm' 18. Fagan v MPC
 Battery – act is necessary. It x commit by omission even there is duty to act
5. Ballom
 Jury must take into account the age , sex, personal characteristic and type of injury 19. Scott v Shepherd
 D threw firework – market + injured C b4 exploded
6. Maldair  It is not necessary for there to be direct contact between D and V. D was found guilty of battery
 D returned home angry and frustrated, he threw a container at his wife containing cleanser which when he had thrown a lit firework into a crowded marketplace.
contained acid, and this badly injured her face. It was held he was found guilty under section 20
coz of Lack of MR. 20. Donnely v Jackman
 Police officer D shoulder with intention of stopping him – x assault
7. Wilson  Not every unconsented to contract is battery
 X necessary – direct contact btw D + V as long the harm suffered due to unlawful force.
21. Chan – Fook
8. Clarence  Feeling of fear + panic (emotions) + wx medical evidence to support recognized psychiatric
 D - Sexual intercourse - wife wx informing tt he suffering from Gonorrhea. condition a conviction for ABH x stand
 Not liable coz the injury suffered by wife not resulted from application of unlawful force + she
consented for SI 22. Roberts
 D touched V on knee – fearing sexual attack, V jumped out of a car – guilty s.47
9. Dica  Escaping x break the chain of causation unless it is ‘daft’ and unexpected that it could not be
 D – Sexual intercourse – woman – wx disclosing tt he was HIV+ / womem contracted virus. foreseen by a reasonable man in the eyes of the jury
 inflicting grievous bodily harm. Recklessly having unprotected sex after HIV diagnosis, resulting
in the infliction of really serious harm (HIV), is enough to constitute a section 20 conviction.

10. Parmenter
 HOL approved Mowatt , it was necessary to prove that D intended or foresaw harm befalling V
but it was not necessary to intend or foresee the degree of harm actually sustained.
11. Thomas v NUM
 X assault when picketing mineworks shows threatening gestures coz they being brought in vehicle
under police essorts,

12. Ireland
 Silent calls – immediate personal violence + x require face 2 face confrontation btw D + V

13. Constanza
 Sending threatening letter – assault

14. Cousins
 Self –defence = lawful

15. Sprat
 Defendant fired shots with an air pistol from his flat. Two pellets hit a seven year old girl. The
defendant had not realized she was there
 Not guity – lack of MR

16. DPP v Smith

 QBDC – ABH is applies – all parts of body include organs
 Cutting of a women’s ponytail – ABH
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