Non-Fatal Offences Flashcards
Give examples of non-fatal offences
- Assault
- Battery
- ABH
- GBH
Which act does assault and battery fall under?
s39 Criminal Justice Act 1988 (common assault)
Which act does ABH and GBH fall under?
s47, s20, s18 Offences Against the Person Act 1861
What are FAULT-BASED crimes?
Requires both AR and MR
What are RESULT crimes?
Require the prosecution to prove that D ‘caused’ the result
What are COMMON LAW offences?
Offences which are made by a judge using precedent
What are STATUTORY offences?
Defined as an act of parliament
What type of offence is ASSAULT?
Summary offence
What is the maximum sentence for ASSAULT?
Six months imprisonment or fine
What is the definition of ASSAULT?
‘Intentional or reckless causing of an apprehension of immediate unlawful personal violence’
What is the actus reus for ASSAULT?
Any act which makes the victim fear that unlawful force is about to be used against him or her
D puts his hand on his sword, constituting an assault case
Tuberville v Savage
D threatened his wife with a sword case
R v Light
When must the victim feel fear for ASSAULT to apply?
Immediately
V feared for ASSAULT when D stood in V’s garden staring through the window case
Smith v Chief Superintendent
What is the mens rea of ASSAULT?
Intention to cause assault or reckless as to the assualt
What type of offence is BATTERY?
Summary offence
What is the maximum sentence for BATTERY?
Up to 6 months imprisonment or a fine
What is the definition of BATTERY?
Intentional or reckless application of unlawful force
What is the actus reus for BATTERY?
Any unlawful physical contact
Is BATTERY direct or indirect?
Both
What is an example of direct force in BATTERY?
A slap or punch
What is an example of indirect force in BATTERY?
Can be applied using an implement or vehicle
D drove onto foot of police officer case
Fagan v Metropolitan Police Commissioner
D failed to inform the officer of a needle in his pocket while the officer was searching D, leading to the officer being pricked case
R v Santa-Bermudez
Touching the bottom of a woman’s skirt was equivalent to touching the woman case
R v Thomas
What is the mens rea for BATTERY?
Intention to apply unlawful force or recklessness as to unlawful force
What is the definition of ABH?
‘Any assault occasioning actual bodily harm’
What type of offence is ABH?
Triable either-way
What is the maximum sentence for ABH?
5 years imprisonment
What is the actus reus for ABH?
Same as the actus reus for assault and battery, however the prosecution must prove that the assault or battery caused ABH
D made silent phone calls repeatedly to three women, causing one of the women to suffer psychiatric harm case
R v Ireland
