Chapter 5: Non-fatal Offences Against the Person Flashcards
What is the actus reus of assault?
Occurs when the victim apprehends the immediate application of unlawful personal violence
What is the mens rea of assault?
The defendant must either:
- Intend the victim to apprehend the application of unlawful violence
- Foresee that their actions could make the victim apprehend the application of unlawful violence and it must be an unreasonable risk to take
I.e. Assault can be committed intentionally or recklessly
What is the actus reus of battery?
The application of unlawful physical force
What is the mens rea of battery?
- Intention to apply unlawful physical force or,
- Being reckless as to whether such force is applied
What is the actus reus of s47 ABH?
Assault or battery which causes actual bodily harm
What type of injuries will amount to ABH?
- Any hurt or injury calculated to interfere with the health or comfort of the victim
- Must be more than trifling
What is the mens rea of ABH?
The mens rea of ABH is that of assault or battery and there is no additional mens rea regarding the injury itself. There is no need for a defendant to intend or foresee ABH injuries
What is the actus reus for s20 GBH?
Unlawfully wounding or inflicting grievous bodily harm
What are s20 GBH injuries?
- ‘Serious harm’
- More serious than ABH injuries
- E.g. long periods of unconsciousness, broken bones and serious psychiatric injuries
What is the mens rea for s20 GBH?
- The defendant must have the intention or be reckless as to the causing of some harm
- No need for defendant to foresee the level or type of injury caused
What is the actus reus for s18 GBH?
- The actus reus is the same as that for s20
- Unlawfully wounding or inflicting grievous bodily harm
What is the mens rea for s18 GBH?
Intention to cause serious harm or intention to resist lawful arrest
