Final Criminal Notes
Common Assault (Technical Assault)
This is a common law offence.
Actus Reus- D causes V to apprehend immediate physical violence. (fear must be there and then R v Lamb) R v Fagan
Events are viewed from V’s prospective, not the reasonable person’s. Smith v Chief supt woking police (1983)
Assault may be committed by words alone. R v Burstow, R v Ireland.
Mens Rea- Intention to cause V to apprehendd immediate harm or recklessness as to whether V may apprehend immediate harm. R v Savage , R v Paramenter.
D must atleast be aware of the risk that V may fear immediate violence.
Charged as – Offence contrary to s.39 Criminal Justice Act 1988. - DPP V Little.
Battery (Physical Assault)
Actus Reus – D applies unlawful force to V.
Force can be indirect. Haystead v Chief Constable of Derbyshire
Any unlawful touching may be a battery. Cole v Turner
Mens Rea – D must intend to apply unlawful force, or be reckless as to that fact.
s.47 Offences against the Person Act 1861
If assault causes harm…. Ie. Assault + Harm = S.47
No additional mens rea required for the harm. It is not necessary for D to foresee the risk of ABH aslong as mens rea for the technical assault is present. R v Savage.
Where psychological harm is suffered the disturbance may amount to ABH or GBH provided medical evidence supports this. Being upset will not suffice. R v Burstow / R v Ireland.
ABH= any hurt or injury to interfere with the health and comfort. R v Miller
Charged as – An offence contrary to s.47 OAPA 1861 . (ie. Assault occasioning actual bodily harm)
S.18 Offences against the Person Act 1861
Actus Reus- D wounds or causes GBH to V.
ABH can become GBH if harm is ‘serious harm’. Ie. Deep lacerations. – R v Saunders
Mens Rea – D must intend to cause GBH.
Or
D foresees such harm as a virtual certainty – allowing the jury to infer intent. – R v Woolin.
Or
D foresaw such harm and intends to resist arrest.
Charged as – Offence contrary to s.18 OAPA 1861
s.20
This is a common law offence.
Actus Reus- D causes V to apprehend immediate physical violence. (fear must be there and then R v Lamb) R v Fagan
Events are viewed from V’s prospective, not the reasonable person’s. Smith v Chief supt woking police (1983)
Assault may be committed by words alone. R v Burstow, R v Ireland.
Mens Rea- Intention to cause V to apprehendd immediate harm or recklessness as to whether V may apprehend immediate harm. R v Savage , R v Paramenter.
D must atleast be aware of the risk that V may fear immediate violence.
Charged as – Offence contrary to s.39 Criminal Justice Act 1988. - DPP V Little.
Battery (Physical Assault)
Actus Reus – D applies unlawful force to V.
Force can be indirect. Haystead v Chief Constable of Derbyshire
Any unlawful touching may be a battery. Cole v Turner
Mens Rea – D must intend to apply unlawful force, or be reckless as to that fact.
s.47 Offences against the Person Act 1861
If assault causes harm…. Ie. Assault + Harm = S.47
No additional mens rea required for the harm. It is not necessary for D to foresee the risk of ABH aslong as mens rea for the technical assault is present. R v Savage.
Where psychological harm is suffered the disturbance may amount to ABH or GBH provided medical evidence supports this. Being upset will not suffice. R v Burstow / R v Ireland.
ABH= any hurt or injury to interfere with the health and comfort. R v Miller
Charged as – An offence contrary to s.47 OAPA 1861 . (ie. Assault occasioning actual bodily harm)
S.18 Offences against the Person Act 1861
Actus Reus- D wounds or causes GBH to V.
ABH can become GBH if harm is ‘serious harm’. Ie. Deep lacerations. – R v Saunders
Mens Rea – D must intend to cause GBH.
Or
D foresees such harm as a virtual certainty – allowing the jury to infer intent. – R v Woolin.
Or
D foresaw such harm and intends to resist arrest.
Charged as – Offence contrary to s.18 OAPA 1861
s.20