Criminal offences Flashcards
What is section is Assault?
S39 of Criminal Justice Act 1988
What is the Actus Reus of Assault?
D makes V apprehend immediate,unlawful personal violence can occur by word or deed
Case for Actus Reus of Assault?
-Smith v Superintend of working -D stared at V he made her fear which was sufficient immediate and violently
-R v Ireland- D made a silent phone call and cause 3 women to suffer anxiety,dizziness. He was found guilty
What is the Mens Rea of Assault?
Either intention or Cunningham recklessness for causing an assault.D must intend to make his victim apprehend immediate unlawful violence
Case for Mens Rea of Assault?
R v Venna
What Section is Battery?
S39 of Criminal Justice Act 1988
Cases for Actus Reus of Battery?
Cole V Turner-Battery defined as “the least touching of another person in anger” includes touching in clothing
R v Thomas-Care taker took (hold of hem of girl’s skirt. Rubbing of girl skirt was sufficient for a battery
What is the mens rea of Battery?
the intention or recklessness to cause a battery
Case for Mens Rea of Battery?
R v Venus “element of mr in battery is satisfied proof D either intentionally applied force to another person”
What Section is Actual bodily Harm ABH?
S47 of the Offence Against the Person Act 1861
What is the Actus Reus of ABH?
1) Assault or Battery
2)Ocassions-Causation
3)Actual Bodily Harm- R v Chan-Fook -CA stated “Harm” means injury “actual” means real and not something trivial or insignificant “bodily” mental and physical injury
What is the Mens Rea of ABH?
Original to assault or battery which means intention or recklessness
-R v Savage
What section is Inflicting Grievous Bodily Harm/Malicious wounding?
Under S20 of the Offence Against the Person Act 1861
What is the Actus Reus of S20?
1)Wounding-Wound break in surface of the skin C(a minor) v Eisenhower
2)Grevious Bodily Harm-R v Saunder stated grievous means “serious”
What is the Mens Rea of S20?
~Cunningham-“Maliciously” means either intention or reckless causing some harm.
-Does not have to foresee or intend serious harm (Mowatt)
