ASSAULT AND ABUSE

Question 1

S194 C.A. 1961

Answer 1

Assault on a Child or by Male or female

• A person
• Assaults
• A child (Under 14 years)

Question 2

s195 C.A. 1961

Answer 2

Ill-treatment or neglect of a child or vulnerable adult

• EVERYONE
• INTENTIONALLY
• ENGAGES IN CONDUCT OR OMITS TO DISCHARGE LEGAL DUTY THE OMISSION OF WHICH
• CAUSES SUFFERING, INJURY, ADVERSE EFFECTS TO HEALTH, MENTAL DISORDER OR DISABILITY
• TO THE CHILD OR VULNERABLE ADULT
• IF THE CONDUCT ENGAGED IN OR THE OMISSION TO PERFORM THE LEGAL DUTY IS A MAJOR DEPARTURE FROM THE STANDARD OF CARE EXPECTED OF A REASONABLE ADULT.

Question 3

s195A C.A. 1961

Answer 3

FAILURE TO PROTECT A CHILD OR VULNERABLE ADULT
- Everyone
- Being a member of the same household as the victim or a person whom is a staff member of any hospital, institution or residence where the victim resides
- Knows that victim is at risk of death ,GHB, sexual assault as
- an unlawful act of another person or
- an omission by another person to discharge or perform a legal duty if in circumstances that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies
(CHILD IS UNDER 18 UNDER S194A)

Question 4

What is the Actus Reus and the Mens Rea of Failure to protect?

Answer 4

Mens Rea - the knows or the guilty knowledge that the victim is at risk or death, GBH or sexual assault.
Actus Reus - fails as in does nothing just carries on regardless.

Question 5

What proof is required for offences involving a failure or ill-treatment of a child or vulnerable adult?

Answer 5

1 - Under the age of 18 if they are a child or proof of how they are vulnerable.
2 - The defendant must be over the age of 18 at the time of the offence under s195A(3)
3 - Have frequent contact. Same household or employed as a staff member in an institution.
4 - The defendant must have knowledge