Case Name
Summary Facts
Offence Being
Attempted
Legal Point
Key cases on assault
Constanza 1997
Defendant wrote 800 letters to victim and Assault
made phone calls. Last two letters were
seen as threats by the victim.
Assault occurred due to fear of
violence.
Ireland 1997
Defendant was calling silent phone calls.
Assault
Assault has occurred by the
silence.
Lamb 1967
Defendant killed friend with revolver
containing two bullets but both believed
gun would not fire.
Assault
No assault as friend did not fear
violence and defendant believed
no bullet would be fired.
Smith v CC of Woking
1983
Defendant looked though woman’s
bedroom window late at night. She was
scared, thinking S would break in.
Assault
Assault even though defendant
was outside as woman believed
what defendant would do was
likely to be violent.
Tuberville v Savage
1669
Defendant put hand on sword saying if
judges were not in town he would act
differently.
Assault
Words canceled assault of having
hand on sword.
Lught 1857
Defendant raised sword over wife’s head
and threatened her.
Assault
Assault as wife was feared of force
and words did not negate fear.
Key cases on battery
Collins v Wilcock 1984
Police asked woman to get into car for
questioning but she walked off. Officers
grabbed woman to detain her but she
scratched officer’s arm.
Battery
Conviction of assaulting police
officer in execution of duty was
quashed. Officer held arm
unlawfully as no arrest and woman
was entitled to get free.
Wood (Fraser) v DPP
2008
A man believed to be Fraser threw
ashtray in pub and police officer took
hold of W who matched the description.
As Wood tried to pull away another
officer grabbed Wood’s other arm.
Battery
Conviction of assaulting two
officers in execution of duty was
quashed. Force was used to
detain not arrest so Wood entitled
to struggle.
Thomas 1985
Defendant rubber hem of woman’s skirt.
Battery
Defendant conviction was upheld
as touching clothes of person is
same as touching person.
Fagan 1968
When defendant directed to park by
policeman wheel of car went on officer’s
foot. Officer asked to move but
defendant turned engine off for several
minutes.
Battery
Actus reus occurred when
defendant drove car on to food.
Mens rea occurred when intended
not to move car and offence
completed when ignition was
turned off.
Martin 1881
M placed bar across theatre doorway,
turned off lights and shunted, “Fire!”
Several people were injured.
Battery
Defendant was convicted even
though he did not touch anyone
directly.
Dpp v K 1990
Defendant was a schoolboy who stole
acid and hid it in hot air hand drier used
by another boy who was burned.
Battery
Defendant conviction was quashed
but Divisional court said that
battery could be indirect.
Haystead v CC of
Derbyshire 2000
Defendant punched woman who let go of Battery
child she was holding and child was
injured by fall.
Defendant liable as reckless
whether act would injure child.
DPP v SantanaBermudez 2003
Policewoman asked defendant if had
sharp objects before search. Defendant
said no but policewoman was injured by
needle in defendant pocket.
Battery
Failure of defendant to tell the truth
created the liability.
A v UK 1998
Defendant beat son with garden cane
Battery
Defendant was acquitted by jury
but Court of HR said that UK law
offended Article 3 ECHR.
Key cases on ABH s47
DPP v Smith 2006
Defendant cut off girlfriend’s ponytail
during argument
ABH s47
Roberts 1972
Defendant tried to remove coat of female ABH s47
hitchhiker in card. She jumped out at
30mph and suffered cuts and bruises.
Defendant was convicted as
intended to apply unlawful force
and no mens rea needed for
resulting ABH
Savage 1991
Defendant threw beer over woman in
pub but glass sliped and cut woman’s
hand.
Defendant was convicted was no
mens rea for harm but intended to
apply unlawful force.
ABH s47
Divisional Court QBD held that
cutting substantial amount of hair
was sufficient.
Key cases on GBH s20
Bollom 2004
Defendant was convicted when 17month-old child suffered bruises to
abdomen, arms and legs.
GBH s20
Defendant was convicted of more
serious offences based on age of
the victim (child)
JCC v Eisenhower
1983
Victim was shot in eye with shotgun
pellet causing severe bleeding under
skin.
GBH s20
No would as all layers of skin were
not broken there fore no conviction
for Battery.
Wood 2008
Defendant broke victim’s collarbone.
GBH s20
No break in skin and so no wound.
Burstow 1997
Defendant carried ouf campaign of
harassment against ex-girlfriend using
abusive and silent phone calls, hate mail
and stalking. Woman suffered severe
depression.
GBH s20
Defendant was convicted based
on leve of psychiatric harm.
Dica 2004
Defendant infected two women with HIV
after unprotected sex. D did not say he
was HIV positive.
GBH s20
Offence could occur by
transmission of disease.
Lewis 1974
Defendant shouted threats at wife
though locked door which he tried to
break down. She jumped out of second
floor window, breaking both legs.
GBH s20
Defendant was convicted as
technical assault led to serious
harm.
Parmenter 1991
Defendant injured baby son by throwing
him in air and aid did not realise risk of
injury.
GBH s20
Defendant conviction was reduced
on appeal to s47 ABH as not
foreseen any injury.
Key cases on GBH s18
Morrison 1989
Police officer grabbed defendant to
arrest him but defendant leapt though
window, dragging officer, who was badly
cut by glass.
GBH s18
Defendant was convicted as either
intended injury or realised risk of it
occurring and took risk.