Common Law but charged under S.39 CJA 1988

Intentionally or Recklessly causing V to apprehend immediate unlawful force. Meaning of:  Apprehend (Lamb, V's Belief) – Immediate  Smith v CS Woking Police (V not sure what D do next) .This doesn't exclude immediate future (Constanza At some point, not excluding immediate future)  Words can amount to an assault (Wilson)  Letters (Burstow)  Phone calls (Ireland)  Touch will suffice (Collins v Wilcock) Conditional Threats:  Words can negate (Tuberville v Savage)  V's belief important (Light;Logdon; Lamb) MR: Intent (Mohan) Subjective Recklessness (Cunningham)

Battery  S. 39 CJA 1988 – Intentionally or Recklessly applying unlawful force to another person. AR: Apply force directly or indirectly (Haystead;Martin) – Touching of skirt (Thomas) Touching of another person, however slight… can't complain from inevitable jostling ( Lord Goff  Collins v Wilcock) Hostility not needed (Wilson v Pringle) .Act not omission (Fagan) This was confused by Bermudez ,Can be indirect (Haystead; Martin; DPP v K) , Must be unlawful  Excludes consent/self defence Usual MR. S. 47 OAPA  Assault or Battery Occasioning ABH

ABH: Physical (DPP v Smith; T v DPP) -,Any hurt or injury calculated to interfere with health/comfort of V (Miller) , Psychological (Ireland; Burstow; Constanza), Must be medically proven and more than mere emotions (Chan-Fook) Occasioning:  Causation Q. Factual/Legal cause of the AB , Discuss Assault/Battery that CAUSED ABH. MR:  Intent/Subj. Recklessness as to the Assault or Battery. No need for it to be intent/recklessness as to the ABH (Savage) S. 20 OAPA – Unlawful and malicious wounding or inflicting GBH with or without a weapon.

AR: Unlawful wounding or inflicting GBH – Unlawful if not in self defence or consent – 'Inflict' for S. 20 and 'Cause' for S. 18 synonymous –> Inflicting is a causation Q (Burstow) , Wound – Break both layers of skin (Eisenhower) , GBH: Really serious harm (Smith) , Serious Harm (Saunders) That is what the ordinary man in the street deems serious. (Physical: Smith. Psychological: Chan-Fook/Burstow/Ireland). Jury can take into account age/health/cumulative injuries of V as to seriousness. (Bollom) , Transmission of Disease (Dica/Konzani) Both factual/legal cause of wound/GBH.

MR:  Malicious means intent or subj. recklessness AS TO SOME HARM (Mowatt). There is no need to foresee serious injury. Confirmed in Savage; Parmenter; DPP v A. S. 18 OAPA , Unlawful and Malicious wounding of causing GBH WITH INTENT AR Same as S. 20. AR: Unlawful wounding or inflicting GBH – Unlawful if not in self defence or consent ,'Inflict' for S. 20 and 'Cause' for S. 18 synonymous –> Inflicting is a causation Q (Burstow) , Wound – Break both layers of skin (Eisenhower) – GBH: Really serious harm (Smith) , Serious Harm (Saunders)

That is what the ordinary man in the street deems serious. (Physical: Smith. Psychological: Chan-Fook/Burstow/Ireland). Jury can take into account age/health/cumulative injuries of V as to seriousness. (Bollom) , Transmission of Disease (Dica/Konzani) Both factual/legal cause of wound/GBH. MR: Intent, Aim or Purpose. (Mohan) to cause GBH. This requires proof D intended serious injury. Intent can be direct or oblique. Oblique: Consequence was a virtually certainty to occur and D appreciated this fact (Nedrick;Woolin)

Matthews and Alleyne said that OI was strong evidence from which the jury may find intent. If Jury cannot find intent they may return a verdict of MS (Coutts) Murder . Common Law Offence, Mandatory Life Sentence Coke: Unlawful killing of another human being under the queen's peace with malice aforethought Vol. Act or Omission:  Dangerous Situation (Miller) ,Contractual Duty (Pittwood) ,Assumption of Responsibility (Stone + Dobson) , Special Relationship (Gibbins + Proctor) ,Public Figure (Dytham) Causation: 1) Factual 'But For' test (White;Paggett;Dalloway;Merchant + Muntz)