Law Unit 03 Aqa
Law: Offences against the Person
Assault: s39 Criminal Justice Act 1988
Person apprehends an immediate unlawful attack
Intention or subjective recklessness to cause another to apprehend an immediate unlawful attack * Smith 1983: “immediate” means some time in the very near future * Ireland (1997): silent phone calls * Constanza (1997): words alone
Battery: s39 Criminal Justice Act 1988
Application of unlawful force to another
Intention or recklessness to apply unlawful force to another * Wood (2008): slightest touch * Thomas (1985): touching a persons’ clothes while worn * Fagan (1968): continuing act
Assault occasioning Actual Bodily Harm (ABH): s47 Offences against the Person Act 1861
Assault OR battery AND causing actual bodily harm
Assault or battery * Miller (1954): any hurt or injury calculating to interfere with the health or comfort of the victim * Roberts (1971): recklessness as to whether the victim feared unlawful force * Smith (2006): touching or cutting another persons’ hair
Malicious Wounding or Inflicting Grievous Bodily Harm (GBH): s20 Offences against the Person Act 1861
Wounds or inflicts GBH on another with or without a weapon
Intension or recklessness to cause “some bodily harm” * Cunningham (1971): recklessness as to whether any harm should occur or not * Eisenhower: all layers of skin must be broke * Burstow (1997): serious psychiatric injury
Wounding or Causing Grievous Bodily Harm with Intent: s18 Offences against the Person Act 1861
Wounds or inflicts GBH on another with or without a weapon
Specific intent to cause GBH * Woollin (1998): harm, virtual certainty * Morrissons (1989): level of intention is lower when the defendant is trying to resist/prevent an arrest/detention
Direct Intention: do an act and want the result from your actions. The consequences is the defendants aim or purpose - Mohan (1976)
Oblique Intention: the defendant indented the act but not the consequences - Woollin
Assault: s39 Criminal Justice Act 1988
Person apprehends an immediate unlawful attack
Intention or subjective recklessness to cause another to apprehend an immediate unlawful attack * Smith 1983: “immediate” means some time in the very near future * Ireland (1997): silent phone calls * Constanza (1997): words alone
Battery: s39 Criminal Justice Act 1988
Application of unlawful force to another
Intention or recklessness to apply unlawful force to another * Wood (2008): slightest touch * Thomas (1985): touching a persons’ clothes while worn * Fagan (1968): continuing act
Assault occasioning Actual Bodily Harm (ABH): s47 Offences against the Person Act 1861
Assault OR battery AND causing actual bodily harm
Assault or battery * Miller (1954): any hurt or injury calculating to interfere with the health or comfort of the victim * Roberts (1971): recklessness as to whether the victim feared unlawful force * Smith (2006): touching or cutting another persons’ hair
Malicious Wounding or Inflicting Grievous Bodily Harm (GBH): s20 Offences against the Person Act 1861
Wounds or inflicts GBH on another with or without a weapon
Intension or recklessness to cause “some bodily harm” * Cunningham (1971): recklessness as to whether any harm should occur or not * Eisenhower: all layers of skin must be broke * Burstow (1997): serious psychiatric injury
Wounding or Causing Grievous Bodily Harm with Intent: s18 Offences against the Person Act 1861
Wounds or inflicts GBH on another with or without a weapon
Specific intent to cause GBH * Woollin (1998): harm, virtual certainty * Morrissons (1989): level of intention is lower when the defendant is trying to resist/prevent an arrest/detention
Direct Intention: do an act and want the result from your actions. The consequences is the defendants aim or purpose - Mohan (1976)
Oblique Intention: the defendant indented the act but not the consequences - Woollin