Offences Against the Person

Nota:

• Definition

1. Ireland; Burstow

1. 1) Causing V to apprehend violence. No need for physical contact. Depends what V thought was about to happen.

   Nota:

   • Refer to case of Logdon
   1. Logdon
   2. Actions can suffice.
      1. Smith
      2. Words alone are sufficient.
         1. Constanza
   3. Silence
      1. Ireland
   4. No fear of violence and no anticipation= No assault
      1. Lamb
2. 2) Immediate Violence
   1. Smith & Ireland
3. 3) Unlawful Violence

1. An Intention to cause V to apprehend unlawful and immediate violence or recklessness whether such an apprehension is caused.
   1. Savage
   2. Cunningham

      Nota:

      • Defined (subjective) Recklessness- causing immediate fear in V.
2. Direct/Oblique Intention

   Nota:

   • Oblique Intention= Foresight of Consequences Test. Refer to Nedrick/ Woolin/ Matthew & Alleyne Direct= Mohan

1. Threatening violence in e-mails, texts, letters
2. Throwing something that could cause injury

Nota:

• Definition and actus reus element.

1. Actus Reus
   1. Can include a slap, kiss, throwing of a drink, etc.
      1. Thomas

         Nota:

         • Caretaker touched a student's skirt without permission.
   2. Can be an omission
      1. Santana-Bermudez

         Nota:

         • Needle and police officer case.
      2. Can involve pain but not injury but doesn't have too.
         1. Examples
            1. Hitting someone
               1. Black eye
            2. Throwing a drink at someone and it hits them
            3. Slight bruising

1. Proof that D intentionally or recklessly applied force to V.
   1. Venna
2. Recklessness- applying force

   Nota:

   • Cunningham

1. 1) Assault= Both Assault and Battery. Either will suffice.
   1. Examples
      1. Harm to skin, flesh, bones
      2. Extensive brusing
      3. Loss or breaking of tooth or teeth
      4. Temporary loss of sensory functions
2. 2) Occasioning= Causation
3. 3) Actual Bodily Harm
   1. Chan- Fook
      1. 'Injury should not be so trivial as to be wholly insignificant'

         Nota:

         • No need for injury to be permanent.
   2. Miller
      1. 'any hurt or injury calculated to interfere with the health or comfort of V provided it is more than transient and trivial.'

1. Intention or recklessness as to an assault or battery

   Nota:

   • Direct Intention- Mohan Oblique Intention- Matthew & Alleyne Recklessness- Cunningham
   1. Roberts
   2. Savage
   3. Parmenter

1. 1) Unlawful- no consent to act by V
2. 2) Wounding- has to be a break in the surface of the skin, both layers, usually with blood loss
   1. Eisenhower
3. 3) Grievous- really serious harm.
4. OR
   1. Examples
      1. Combination of injuries; broken nose, three lost teeth and concussion
      2. Broken bones
      3. Severe psychiatric illness
         1. Permanent disability

1. Malicious in definition- recklessly or intentionally
   1. Recklessly= Some Harm

      Nota:

      • Cunningham
      1. Intention= Direct or Indirect as to causing Some Harm to V.

         Nota:

         • Indirect= Not necessary that D foresaw GBH would be caused, only SOME HARM.
         1. Parmenter
         2. Mowatt

1. Refer to Section 20

1. Specific Intent ONLY
   1. Direct and Indirect Intention

      Nota:

      • Direct- Mohan Indirect- did D foresee that really serious harm was a virtually certain consequence of his act? See Mathhew & Alleyne
   2. Examples
      1. As per Section 20, however unlikely to include psychiatric illnesses- difficult to prove D intended this.
2. Resisting Arrest

   Nota:

   • D must intent to resist or prevent an arrest but need not have intended serious harm.