criminal 3: Non-Fatal Offences Flashcards
What are the non-fatal offences?
- Assault
- Battery
- Assault occasioning ABH
- Wounding or Inflicting GBH (s. 20)
- Wounding or Inflicting GBH with Intent (s.18)
What are the elements of Assault?
Intentionally or recklessly causing another to apprehend immediate unlawfull personal violance.
AR
Cause another to:
- apprehend (expect or anticipate)
- immediate (some time not excluding immediate future)
- unlawful
- personal violence (unwanted touch)
MR
- direct intent; or
- recklessness
Assault: How might someone apprehend immediate personal violence
Means to make a victim expect or anticipate but not necessarily fear immediate and unlawful and unwanted touch
- Words
- can be enough even if not true
- words can negate it (I would if etc.) - Silence
- can be enough (ie. threatening silent phone calls) - Actions
- showing weapon (with threat or threatening way)
- making a fist - Conditional
- even if threat is conditional it is enough
Elements of Battery
Direct or reckless application of unlawfull force
AR
- application (direct or indirect)
- force (merest touch) and can be direct or indirect
- unlawful (no consent
MR
- direct intention; or
- recklessness
What can constitute force in Battery?
Merest touch including:
- clothing they are wearing
Can be indirect:
- throwing something at them
Omission or Creating Danger
- digging hole they fall in
- leaving acid in hand-dryer
- closing cinema doors and Turing off light as people are leaving
What might force be lawfully when considering battery?
Consent is a defence to assault and battery if:
- Express or implied
- Given by someone with sufficient capacity, freedom and information to make a chose
Implied consent includes
- Certain amount of physical contact permitted in day to day life, such as jostling in shop, underground or busy street
Can someone be guilty of assault and battery due to same set of circumstances?
Yes -very common that one leads to other and you have committed both
Elements of Assault Occasioning Actual Bodily Harm
AR
- Assault – meaning assault or battery
- Occasioning – normal principles of causation
- Actual Bodily Harm
MR
- MR for assault of battery (not additionally required as form part of AR)
What injuries may be considered ABH?
The injury (although does not need to be permanent) should not be so trivial as to be wholly insignificant
- Temporary loss of sensory function
- Temporary loss of consciousness
- Bruising or swelling
- Cutting someone’s hair without consent
- Minor fractures
- Psychiatric injury that is more than trivial – beyond mere fear, distress or panic
- scratches or grazes
Elements for Section 20 Wounding or Inflicting GBH
Inflicting wound or GBH with intention or recklessness as to causing some harm.
AR
Inflicting (normal rules of causation)
- wound (breaks both layers of skin); or
- GBH
MR
- Intention or recklessness as to causing SOME harm
What counts as a wound?
- wound must break in the continuity of both layers of skin (not internal bleeding)
- actual injury need not be sever
What is GBH
Must be SERIOUS harm such as:
- Psychiatric injury if sufficiently serious diagnosed medical condition
- Permanent loss of sensory function
- Permanent disability
- Broken Bones / Fractured Skull
- Substantial blood loss
- Long periods of unconsciousness
Elements of Section 18 Wounding or Inflicting GBH with intent
AR
Inflicting (causing):
- Wounding, or
- Inflicting GBH
(same as section 20)
MR
- Intend to cause SERIOUS harm; or
- Foresee the risk of some harm AND intend to resist arrest
Can victim consent to assault/battery?
Yes if:
- V consented; or
- D honestly believed V consented
Is consent available for ABH and GBH
Only if:
- Medical Treatment
- Religious Practices
- Sport (if within the rules of the game or what players could reasonably expect)
- Horseplay
- Body Modification
- only tattoos and piercings - Sexual Gratification
- must be informed to give consent (eg. of risk of HIV)
