CRIMINAL LAW- non fatal offences Flashcards
what are the 5 types of non fatal offences?
- assault
- battery
- A.B.H
- G.B.H
- WOUNDING
what act and section is assault under?
Criminal Justice Act 1988 s.39
what is the sentence for assault?
max sent 6 months/£5000 fine (summary)
what is the criteria for assault?
none
what is actus reus of assault?
cause someone to apprehend immediate unlawful force/violence
what is the mens rea of assault?
intent or recklessness to cause someone to apprehend immediate unlawful force
what are cases for assault?
r v lamb, r v wilson, tuberville v savage, smith v chief superintendent,woking police
what act and section is battery under?
Criminal Justice Act 1988 s.39
what is the sentence for battery?
max sent 6 months/£5000 fine (summary)
what is the criteria for battery?
none
what is actus reus of battery?
application of unlawful force/ violence to another person
what is the mens rea of battery ?
intent/recklessness to apply force
what are cases for battery ?
Fagan v Mpc, Collins v Wilcock (ar) r v savage (mr)
what act and section is A.B.H under?
Offences Against Person Act 1861 s.47
what is the sentence for A.B.H?
5yrs (either way)
what is the criteria for A.B.H?
typical injuries- blackeye,bruising,minor fractures,broken nose,minor burns, minor psychological harm
what is actus reus of A.B.H.?
causing some physical/mental harm to a person
what is the mens rea of A.B.H ?
mens rea of assault or battery
why is mens rea for A.B.H important?
d does not need to foresee any actual harm just mr of assault or battery.
what are cases for A.B.H?
r v savage 1991 (mr), r v cox (injuries), dpp v smith
what act and section is G.B.H under?
Offences Against Person Act 1861 s.20
what is the sentence for G.B.H ?
5yrs (either way)
what is the criteria for G.B.H?
wound- break to skin such as stab wound/ serious harm/injury such as broken bones,head injuries, major burns,internal injuries, serious psychological harm e.g depression
what is actus reus of G.B.H?
either wounding or inflicting serious physical/mental harm to a person
what is the mens rea of G.B.H ?
intent/recklessness to cause some harm
what are cases for G.B.H?
R v burstow, R v Dica (ar) r v belfon (mr)
what act and section is wounding under?
Offences Against Person Act 1861 s.18
what is the sentence for wounding ?
life (indictable)
what is the criteria for wounding?
serious wounding- stab wound
what is actus reus of wounding?
wounding with intent- wounding or causing serious physical/mental harm to a person
what is the mens rea of wounding?
intent to cause serious harm
what are cases for wounding?
JCC v Eisenhower, R v Belfon, R v Stubbs
