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Non fatal offences

QuestionAnswer
Assault definition s.39 Criminal Justice Act 1988 An act that causes the victim to apprehend the infliction of immediate, unlawful force with either intention or recklessness Common-law definition, charged under s.39 CJA
Battery definition s.39 Criminal Justice Act 1988 The application of unlawful force to another intending to apply unlawful force or recklessness as to whether unlawful force is applied Common-law definition, charged under s.39 CJA
Lamb (non-fatal) D killed V when they were playing with a gun, D did not understand the gun could fire (as cylinder rotated). No assault as D's friend feared no violence
Smith v Chief Superintendent for Woking Police Station (non-fatal) D broke into V's garden and looked through her window. Fear of immediate force = "imminent" not "immediate" here V's fear of what D might do next was sufficient
Tuberville v Savage (non-fatal) "If it were not assize time I would not take that language from you". Words indicating there will be no violence may prevent act being an assault
Light (non-fatal) "Were it not for that bloody policeman outside, I would split your head open". Words did complete assault, V feared violence would be used on her
Fagan v MPC (non-fatal) Drove onto Policeman's foot and refused to move car when asked Continuing act (actus reus and mens rea must occur together), act became an assault when D refused to move the car
Collins v Wilcox (non-fatal) Policewoman held prostitute's arm to question her (no power to detain for questioning on the street) Battery does not need proof of harm. As long as the force applied is unlawful, that is battery
DPP v K (non-fatal) D hid sulphuric acid in hand drier, injured student. Assault can be committed by an indirect act.
DPP v Santana Bermudez (non-fatal) Policewomen searched D, who said "no" when she asked about needles. Assault can be committed by omission, IF D is under a duty to act
CPS charging standards battery grazes/scratches/abrasions/minor bruising/swellings/superficial cuts/black eye
Created by: Rich Whitaker
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