non fatal offences Flashcards
what is the actus reus for assault?
defendant does an act which causes the victim to apprehend immediate and unlawful violence
what are some of the requirements/restrictions on the actus reus of assault?
physical contact is not required
words alone can be enough
even silence can amount assault
actus reus will only be present if the apprehended unlawful violence is immediate
what is the mens rea for assault?
the defendant must either intentionally or recklessly cause the victim to apprehend immediate and unlawful violence
what is the actus reus for battery?
when the defendant does an act which inflicts unlawful force on the victim
what are the requirements for the actus reus of battery?
defendant must at least touch the victim
victim does not have to suffer any harm and the physical contact does not have to be violent
no requirement that the victim is aware of the touching
direct infliction is not essential
what is the mens rea for battery?
intentionally or recklessly inflict unlawful force on the victim
how can consent be a defence to battery?
a person may expressly consent to force being applied to them as part of participation in sport
a person may also impliedly consent to force being inflicted upon them in some situations - crowded transport
what are the requirements for assault occasioning bodily harm?
- defendant must have already committed assault or battery
- the assault or battery must have occasioned ABH, caused the ABH (factual and legal)
- actual bodily harm - any hurt or injury calculated to interfere with the health or comfort of the victim
what constitutes a wound?
the defendant must break both the outer and inner layers of the skin
what is grievous bodily harm?
serious harm according to the ordinary and natural meaning of those words
when will inflicting grievous bodily harm be committed?
when the defendant causes the victim GBH
what is the mens rea for both wounding and inflicting GBH?
-s20 OAPA
that the defendant does either of these things maliciously
must either intentionally or recklessly wound the victim
or intentionally cause them some harm or be reckless to the possibility of causing them some harm
what offence does s18 OAPA create?
wounding or inflicting GBH with intent
mens rea requirements are different. can only be committed when D actually intends to inflict GBH
GBH under s18 is more serious and carries maximum sentence of life imprisonment
how does consent work as a defence to harm?
consent has to be free, informed and with capacity
only certain situations where a D will not incur liability for inflicting harm
in what situations could consent be used as a defence?
properly conducted games or sports surgery body modification lawful correction dangerous exhibitions rough and undisciplined horseplay sexual gratification
what is the extent to which properly conducted games or sports can be a defence in terms of consent?
criminal prosecutions could be brought against a defendant who has hared another player if their conduct was sufficiently grave to be categorised as criminal
will not be a defence where harm goes beyond what the injured player could reasonably be regarded as having consented to by taking part in the sport
assessing this will require assessment of relevant circumstances: type of sport, level it’s being played, level of force, D’s state of mind
what is the extent to which surgery can be a defence in terms of conduct?
invasive surgeries that require a patient’s body being cut open will not be wounding/GBH due to patient consenting
what is the extent to which body modification can be a defence in terms of conduct?
individuals can to some extent consent to harm for purposes of body modification
there are some forms that the law does not allow individuals to consent to - D who performs extreme body modifications on others will be committing an offence regardless of whether consent has been given
what is the extent to which lawful correction can be a defence in terms of conduct?
common law has recognises the rights of parents/guardians to administer “reasonable chastisement” to children to punish bad behaviour, includes the use of some force
as long as it does not cause ABH/ inflict GBH on the child
what is the extent to which dangerous exhibitions can be a defence in terms of conduct?
exhibitions must, to some extent, be properly organised and in controlled conditions
what is the extent to which rough and undisciplined horseplay can be a defence in terms of conduct?
recognised as a defence to GBH in situations where there is no intention to cause serious injury
what is the extent to which sexual gratification can be a defence in terms of conduct?
clear precedent that establishes that harm for the purpose of sexual gratification that extends beyond mere assault or battery cannot be consented to for the purposes of sexual gratification
