Intentional, Reckless or Accidental Flashcards
What would constitute the mens rea of any offence of assault?
The intention of the offender to commit any offence of assault, or be acting recklessly.
Give an example of acting intentionally?
Nadeem punches Alan in the mouth wanting to bust his lip and the lip bleeds after the blow (The injury brought about is exactly the desire of the instigator)
Give an example of acting recklessly?
Syeda and Peter are throwing stones out of a window onto a busy street (the chance of injury is considered a likely result from planned force and the instigator goes on to use that force).
What happens when ‘assaults’ are found to be purely accidental?
There is normally no offence committed. For example, if, when walking down the high street, you were to trip forward and hit someone on the back, this would be purely accidental as there is no mens rea.
As with all offences, assaults may be proven as a result of a transfer of malice. What does this mean?
If person A intends to commit an offence on person B, that intent may be transferred to another victim, person C, for that (or a like offence). For example:
During a pub fight, Alex throws his glass across the bar intending for it to hit James. Seeing it coming, James ducks out of the way. The glass hits Tony instead causing injury to his face.
Alex intended (the mens rea) to cause injury, the offence is complete. Therefore, the doctrine of transferred malice means that Alex may be guilty of the assault and battery of Tony, despite the fact that he was not his intended target.
