non fatal oapa 1861 Flashcards
what is the actus reus of assault
-an act which causes victim to apprehend by the victim of the infliction of immediate, unlawful force
-no physical touch
-written or verbal
what is the mens rea of assault
-intention to cause another person to fear immediate unlawful harm
what is the actus reus of battery
application of unlawful force on another person
what else must be present for battery
continuing act
indirect act
can an omission be battery
no
what is unlawful force
self defence is not battery as it was not unlawful
what is the mens rea of battery
intention to apply unlawful physical force
what is the actus reus of abh
assault causing actual bodily harm
what section is abh
s47
what is the prison sentence for abh
up to 5 years
what is the mens rea of abh
there is no mens rea within the statute
what is the actus reus of gbh
grevious bodily harm that cuts the skin in someway but does not require surgery
what section is gbh
s20
what is the prison sentence for gbh
5+ years
what is the mens rea of gbh
intention to cause harm/recklessness