Non-fatal Offences Flashcards
Assault - common law offence
D must cause another person to apprehend harm
The apprehension must be of immediate harm
The apprehension must be of unlawful personal violence
D must intend of be reckless as to causing the victim to apprehend unlawful and immediate personal violence
Summary of assault
Apprehension does not refer to fear per se, rather it refers to an expectation on the part of the victim that they will be subjected to harm
The apprehension must be of immediate unlawful personal violence, this does not mean instantaneous and can be understood to be imminent
Unlawful means without consent or unjustified. Personal means force being applied to the person, as opposed to their property
Violence does not require any harm to be suffered and the victim may apprehend even the slightest touch
D must either intend to cause the victim to apprehend harm or be reckless as to such apprehension occurring
Battery
D applies force (can be direct, indirect or by an omission)
The force must amount to unlawful force
D must intend or be reckless as to the application of force
There is no requirement that harm need result from an assault or a battery nor need D foresee any harm
S47 Assault occasioning actual bodily harm
D must commit an assault or battery The assault or battery must occasion harm
The harm caused must amount to actual bodily harm
Summary of s47
It must be proven that D committed an assault or battery which caused another to suffer ABH. D need not intend or be reckless to causing such harm. The mens rea is the same as the mens rea for assault and battery.
Occasioning simply means to cause.
ABH is harm that is more than transient and trifling.
S20 - wounding/inflicting GBH
D must unlawfully wound or inflict GBH
D must intend to cause some harm, or be reckless to the thought of some harm
Summary of s20
D may be liable in circumstances where he maliciously wounds the victim or inflicts GBH
A wound is a break in both layers of the skin
GBH simply means ‘serious harm’ in deciding whether it amounts to serious the jury can consider the totality of injuries and the victim characteristics
D must intend to cause some harm, or be reckless as to some harm being caused
S18 wounding or GBH with intent
D must unlawfully wound or cause GBH
D must intent to cause GBH or resist lawful arrest
Summary of s18
Wounding and GBH bear the same meaning as s20
D must intend to cause GBH or intent to prevent or resist lawful arrest. An intention to wound is not sufficient.
Where the prosecution allege an intention to cause GBH, the word maliciously adds nothing to the offence.
Where the prosecution allege an intention to resist lawful arrest, the prosecution must also prove that D was reckless as to causing some harm.
