Non Fatal Key Issues
Assault
• It is key to this offence what the V apprehends as
well as whether D causes apprehension.
• Logdon: D held a gun at V, which unknown to the
V was a replica, and threatened V that until he
did as he said he could not leave the room. D’s
defence was that it was a joke and he intended
no harm.
• Why was the D guility of Assault?
•
Indirect batteries – this is an AR issue
• Unlawful force can be applied without directly
touching the V.
• DPP v K: The D stole some acid from his school
science and then hid it in hand drier. The V
used the hand dryer and sprayed the acid over
his face.
• Explain why D was guilty of battery?
•
Battery – Rob & Vincent
• Rob chases Vincent and saying he will kill him.
Vincent collapses with an asthma attack. Rob
leaves Vincent saying he will not call for help.
Vincent dies.
• Explain how Rob is guilty of a battery?
ABH - Occasioning
• This means causes. So the Assault or battery
must cause extra bodily harm.
• In a scenario you are looking for linked events, eg
Rob threatened Vincent that he will stab him and
Vincent moves backwards and falls down the
stairs, suffering heavy bruising.
• Explain the case of Roberts in terms of an ABH?
•
ABH – Meaning of Bodily Harm
• Must be more than Fear , ________ or _______. Chan
Fook.
• Can be psychological harm, eg Ireland.
• Must be a ‘serious matter amounting to actual (not
trivial or insignificant) bodily harm’.
• What about cutting off a pony tail on a women? Or be
sprayed be paint? Case?
•
• A momentary loss of consciousness is classed as ABH, T
v DPP.
ABH- Mens Rea
• ABH has the same MR of either Assault or
battery.
• So what element of the offence is purely AR?
•
Savage: D threw a pint of beer over V after an
argument. Unfortunately the glass slipped and
cut V’s wrist.
• Explain why Savage is guilty of the AR and MR
of ABH?
S20 & S18 – Have the same AR
• Inflict in S20 has been interpreted to mean the same as
cause in S18.
• So both offences can be a wound or GBH.
• GBH – Can take into account the age of the V when
considering the seriousness of the injuries. Who was the V
in Bollom?
• GBH – Can be sexually transmitted, biological GBH, Case?
• GBH – Can be serious psychological injuries, Case of threats
and silent phone calls over a prolonged period causing the
V to become severely depressed?
• Brown & Stratton – smaller injuries can be accumulated
together to form a serious injury.(page 84)
S20 – Mens Rea
• There is no need to prove the AR of this offence.
• The MR is Direct intention or subjective recklessness as to
_______ _______.
• Lord Diplock confirmed this Mowatt:
‘It is enough that he should have foreseen that some
physical harm to some person, albeit of a minor character,
might result.’
• DPP v A: A 13-year-old boy had mistakenly shot his friend in
the eye whilst meaning to fire below knee level.
• What do the P have to prove for the AR and MR?
• The Court stressed in this case the P only have to prove that
the D foresaw that some harm might occur, NOT would
occur.
S18 – Mens Rea
• The P has to prove the D had a direct
intention to cause GBH or a wound OR P has
to prove an indirect intention to cause GBH or
a wound as per R v Belfon 1976.
• This is a specific intent crime and proof of
intention is therefore imperative.
• This is linked to the maximum life sentence
the offence carries.