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Not-Fatal Offences


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R v Lamb
Apprehension= expectation not fear
R v Ireland
Silence can be assault
R v Constanza
Words can amount to assault; threats of future violence will not amount to assault
Assault- common law
Subjective recklessness/ intention
DPP v Kane [1990]
'Applies'- need not be direct
Injuries that amount to battery
Scratches, grazes, minor bruising, superficial cuts and black eyes
Battery- common law
Intention to make direct/indirect non-consensual physical contact with another OR subjective recklessness thereto
Injuries that amount to ABH (R v Miller)
Temporary loss of sensory function, extensive/multiple bruising, minor cuts requiring stitches, minor fractures, psychiatric
C v Eisenhower [1984]
Wound= break in continuity of both layers of skin
DPP v Smith [1961]
GBH= really serious harm
Dica [2004]
Inflicting is no different to cause in s18
DPP v Parmenter [1992]
Maliciously- D must subjectively intend or foresee some harm
Wound only
Minor cuts, syringe puncture
Wound + GBH
Deep repeated cuts, broken bones piercing skin
GBH only
Broken bones, psychiatric injury
D must have acted maliciously and have ulterior intent
s18 mens rea