Assault and Defence of self-defence Flashcards
What is the offence of simple assault?
Assailant intentionally or recklessly causes victim to apprehend immediate and unlawful force.
+ Mens rea of intention to apprehend immediate and unlawful force.
What is the offence of battery?
The infliction of the perceived force in simple assault.
+ Mens rea of intention/recklessness to inflicting unlawful force.
What is the offence of assault occasioning actual bodily harm?
Actus reus - simple assault or battery that causes actual bodily harm.
+ Mens rea of intend or reckless to simple assault/battery
What is the offence of wounding or inflicting grievous bodily harm?
Actus reus of unlawfully wounding or inflicting GBH.
+ mens rea of maliciously wounding or inflicting GBH.
What is the offence of causing grievous bodily harm with intent?
Actus reus of wounding or causing GBH.
+ Mens rea of Intent to cause GBH or intent to resist or prevent lawful apprehension.
Where is the defence of consent available?
For simple assault or battery but not for assault with intended harm.
Who has to prove self-defence?
D doesn’t have to prove it but they do have to raise it at the trial.
What is mistaken belief?
D judged on facts they believed to be true even if wrong.
