YEAR 12 ASSAULTS

1
YEAR 12 ASSAULTS

• EXTRA CASES

2
Common assault

• - Logdon v DPP 1976
• D threatened v with an imitation pistol. This was
  held to be an assault, since the victim believed
  that force was about to be used on her. The d had
  no intention of harming v. This was held to be
  irrelevant. Assault is not about being on the
  brink of using violence it is about creating the
  apprehension of immediate violence in the victim
• Tuberville v Savage.1669
• if it werent assize time, I would not take such
  language from you!!!

3
Common battery

• Battery can be through an object/weapon
• Fagan-the defendant accidently drove onto a
  policemans foot whilst parking the car at the
  side of the road. When he realised what had
  happened, he delayed removing the vehicle. He was
  charged with an assault (battery) using the car
  as the weapon/means of carrying out the
  battery.
• R v Haystead (200)- the defendant punched a woman
  causing her to drop a baby she was holding. It
  was held to be a battery, caused indirectly
• R v K (2001) school child poured acid into a
  hand dryer. This burnt the next user of the hand
  dryer- held to be an indirect battery

4
ABH- s47 OAPA

• R v Chan Fook 1994
• D convicted of s47 after assaulting the victim
  whom he suspected of theft. V suffered
  psychiatric injury which was held to be a form of
  ABH by the CoA, so long as it was more than mere
  emotion, stress or panic.
• R v Savage 1991. D had intended to throw a glass
  of beer over another woman, but the glass slipped
  and broke, cutting the victim. She claimed that
  she had no mens rea in relation to the ABH
  caused. The HoL held that no extra mens rea was
  required for the ABH only the MR in relation to
  the assault/battery.

5
GBH/Malicious wounding Ss 20/18

• R v Martin 1881
• D was convicted under s20 . He had left a theatre
  at the end of a persormance, putting out the the
  exit door with an iron bar. The audience panicked
  and several people were injured by being crushed
  against the iron bar and door.