Non-Fatal Offences Flashcards
1
Q
What is the hierarchy of Non-Fatal Offences
A
1 - GBH With Intent
2 - Wounding GBH
3 - Assault with occasional ABH
4 - Assault, Battery
2
Q
What is Battery
A
Battery is the application of unlawful force to another person
Tends to be a more serious form of Assault
3
Q
What is assault
A
An act by which a person intentionally or recklessly causes another to suffer
4
Q
What happened in the R v Lamb case
Gun
A
It shows that the concept/idea of a fear is enough to be considered as Assault
The gun that wasn’t loaded being pointed at someone who knows it isnt loaded is not assault. But If the person believed it was loaded, it is assault
5
Q
What is the mens rea for assault
Intention
A
The intent to create fear by unlawful force
6
Q
What factors makes Lawful force Unlawful
A
- If the victim does not give consent
- If it is not an act of self-Defence and there was intent
- If the act was not to prevent the crime but to instigate it
