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- the language used is outdated examples grievous and malicious used in the offenses against the persons act 1861, they are not generally used in modern times and require interpretation by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