Non Fatal Offences Flashcards
Gbh with intent is under what statue ?
S.18 Offences against the persons act 1861
What is the mens rea and actus reus of GBH? s18
The actus reus of gbh section 18 is to maliciously wound or causing gbh
The mens rea is the intention to cause serious harm (gbh)
What statute governs wounding/inflicting gbh ?
Section 20 of the offences against the persons act 1861
What is the actus reus & mens rea of inflicting or wounding gbh ?
UNDER S20 OAPA 1861
The actus reus is the wounding or inflicting Gbh
Mens rea is invention or recklessness to cause some harm
which was defined in DPP V SMITH as intention to cause really serious harm further illustrated in R V SAUDERS as just serious harm
What statue governs occassioning actual bodily harm ?
S47 of the offended against the persons act 1861
What is the actus reus of assault occasioning ABH
The actus reus of occasioing abh is the common assault or battery that results in abh
The mens rea is the intention or subjective recklessness to the common assault or battery
DESCRIBE the actus reus and mens rea of ABH and battery
Assault - a non touching offence involves the apprehension of violence
Actus reus - causing of immediate and unlawful violence
Mens reus - intention or subjective recklessness
BATTERY- the unlawful touching of someone
Actus reus infiliction of force or violence including touching
Mr intention or subjective reckless
Example case R V THOMas
criticism of non-fatal offenses
- the language used is outdated examples grievous and malicious used in the offenses against the persons act 1861, they are not generally used in modern times and require interpretation by the courts
- language can be seen as misleading for example assault generally means physical attack whereas in legal terms no physical contact is required
- The structure of the offenses can also be criticized. There is no statutory definition of assault or battery and there are no clear boundaries between the offenses.
what type of offense is assault?
assault is a summary offense that is defined in s.39 of the criminal justice act 1988
what is the definition of assault?
the definition of assault is an assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence eg FAGANV MPC
what case can be used as an example to define assault?
FAGAN V MPC- where defendant drove onto police man’s foot by accident but refused to move, d had the actus reus but lacked the men’s rea
what is the actus reus of assault?
the actus reus of assault is any act that causes the victim to apprehend the immediate application of unlawful force
what is needed for assault to occur?
for assault to occur the victim does not need to be put in fear but they need to believe that violence will occur and without a threat of violence there is no offence of assault for example R V LAMB
what is needed for assault to be successful?
for assault to be successful there needs to be a threat of violence. the victim has to anticipate unlawful personal violence or there is no assault
which cases show that if there is no threat of violence there is no assault?
R V LAMB- case of two boys playing with a revolver
explain the importance of apprehending immediate personal violence?
apprehending immediate personal violence is important because it means that an assault would be committed even if there was no actual threat of violence, assault does not need to be physical for a conviction
eg LOGDON V DPP
which case shows the principle of apprehending immediate personal violence for assault
LOGDON V DPP - this is where a man pointed a rfake gun at a women
what case defines assault ?
R V IRELAND - WHERE THE DEFENDANT CAUSES THE VICTIM TO APPREHEND IMMEDIATE UNLAWFUL PERSONAL VIOLENCE, either intentionally or recklessly
what are some examples of the actus reus of assault ?
- raising a fist
- throwing a stone at a victim and missing
- making a threat
what is needed for the offence of assault to be successful ?
the threat must be immediate
what can also be an assult ?
words can be an assault threaten to hurt someone, they will apprehend immediate unlawful personal force. eg r v Ireland , even silent phone calls can be enough for an assault
what is it meant by the mens rea of assault ?
the men res of assault is that the defendant must have intended to cause the victim to fear infliction of immediate unlawful force or must have seen that fear would be created ,
what cases defined the men rea of assault ?
R V SAVAGE AND
what is battery ?
battery is a summery offense that is charged under s.39 of the criminal justice act 1988
what is battery defined by ?
battery is defined by common law and charged under s39 of the criminal justice act 1988
what is the definition of battery ?
where the defendant applies unlawful force to the victim either intentionally or recklessly
what is the actus reus of battery?
the actus reus of battery is the application of unlawful force, the force must be unlawful which was confirmed in COLLINS V WICK and WOOD V DPP
what are some examples of the cases that show the actus reus of battery ?
COLLINS V WICK AND WOOD V DPP
what are some principles of battery >
for a successful conviction pf battery any unlawful physical contact is classed as battery which doesn’t need proof of a pain or physical harm
does the application of force need to be direct ?
the application of force does not need to be direct for example R V MARTIN - where he made a false alarm about a fire which caused people to be seriously hurt
and DPP V K
can battery be committed by omission where there is a duty to act ?
yes , battery can be committed by omission when there is a duty to act for example where d purposely didn’t tell officer about sharple needle in pocket whilst being searched
what is the mens rea of battery ?
the mens rea of battery is when the defendant intends to use force or is reckless to the application of force which was confirmed in R V VENNA
what case confirms the mens rea of battery ?
R V VENNA
what is ABH - assult occasioining actual bodily harm /
ABH IS SET OUT UNDER S47 OF THE OFFENSES AGAINST THE PERSONS ACT 1861 which is a tribale either way offense , max 5 year imprisonment
what is the actus reus of ABH ?
- assault or battery , ABH requires proof or the actus reus of either an assuly or battery
- occasioning - which means causing actually bodily harm
- confirmed in R V MILLER as any hurt or injury calculated to interfere with heath or comfort
what other cases show the actus reus of ABH ?
DPP V SMITH- cutting someones air without consenst
- R V CHAN FOOK
what is the mens rea of ABH ?
the mens rea for ABH is ds intentional aim or victim may apprehend unlawful force to cause assult or battery eg R V ROBERRTS - girl umps out of car after sexual advances
what are some cases that show the mens rea od ABH
R V ROBERTS
R V SAVAGE
what is GBH?
GBH - grevious bodily harm , set out in s 20 of the offenses against the person act 1861, ce to maliciously inflict grievous bodily harm or wound the victim. s.20 grievous bodily harm is a triable either way offence. The maximum sentence for s.20 GBH is 5 years
what is the actus reus of s.20 GBH
the actus reus of GBH is maliciously inflicting grievous bodily harm or wounding to the victim
what is the key word for GBH
inflicting and woudning are key words when dicussing GBH as it is needed to prove the actus reus
what are some example cases of the actus reus of GBH
- DPP V SMITH
- R V SAUNDERS
what is the mens rea of GBH
he mens rea is intention or subjective (Cunningham) recklessness as to whether some harm is caused. In Mowatt (1968) it was confirmed that the defendant merely has to foresee some physical harm, albeit of a minor character.
further evaluate the law on non fatals
- language gbh s20 states inflict gbh where as s.18 stats cause gbh
what case defined battery
R V IRELAND
what was lord steyens defnition of battery
“unlawful application of force by the defendant upon the victim
DOES THE APPLICATION OF FORCE NEED TO BE DIRECT
NO
- DPP V K
can there be ;awful excuses to use force ?
yes , the actions would not amount to baTTERY
