non fatal offences Flashcards
what is an assault
common law offence
what is assault charged under?
Section 39 criminal justice act 1988,
what is assault defined as
defined as intentionally or recklessly, causing the victim to apprehend unlawful violence
can an assault be an omission
no must be an act
Constanza;Ireland
an assault, can be words, actions or both 
Apprehend doesn’t mean fear, but
belief that force is capable of being carried out
Lamb
Apprehend doesn’t mean fear, but believe that force is capable of being carried out
Does the belief need to be rational? It honestly held
no
Smith v woking
Immediate does not mean, instantaneous, but imminent
what must the force be in order to be an assault?
Unlawful
When will it not be an assault?
Consensual in self defence or in prevention of a crime
Conditional threat sufficient case
read v coker
Mens rea for assault
assault is intention, aim or purpose, (Mohan) or recklessness, recognise risk and took it anyway (Cunningham) causing victim to apprehend, unlawful violence.
is battery common-law?
yes
Statue for battery
Section 39 criminal justice act, 1988
what is battery defined as
Intentionally or recklessly applying unlawful force
Actus reus for battery
Any touching the victim does not consent to, must be more than every day touching
Case for more than every day touching
collins
Direct or indirect case
DPP v k
continuing act
fagan
Mens rea for battery
mens rea is intent, Mohan or recklessness Cunningham as to the application
What is actual bodily harm contained in?
Actual bodily harm section 47 offense against the Person act 1861
What is actual bodily harm for section 47 defined as
any assault or battery that causes ABH
Actus reus for ABH and case
any assault or battery must result in a ABH,this is any hurt or injury calculated to interfere with the victims health or comfort of the victim
as established in miller
ABH,can be psychiatric injury as long as and case
ABH can be psychiatric injury as long as it’s more than mere emotions, such as fear, distress or panic and includes momentary unconsciousness
TvDPP
mens rea for ABH
must be that of the assault or battery, (Savage), no need for the defendant to realise the risk of harm
GBH/wounding defined under
Section 20 offense against the Person act 1861
Smith;Saunders
GBH held serious harm
GBH includes serious psychiatric injury case
Burstow
GBH and STIs case
Dica
wounding + case
It has been held that the wound breaks away any continuity of the skin (Eisenhower)
mens rea for section 20
The mens rea for section 20 is intent or recklessness as to whether some harm may occur (Cunningham)
GBH and wounding section 18 offense against the Person act 1861 actus reus
The same as section 20
Mens rea for section 18
intent to cause serious harm, direct intent, aim and purpose (Mohan) or oblique intent consequences is different but forseen as a virtual certainty (Nedrick and woollen.)
examples of ABH
Harm consists of bruises, scratches, or bite marks will be sufficient
Examples of grievously bodily harm
any injury resulting in permanent disability loss of sensory function of visible disfigurement. This can also be the case for act to result in broken bones, serious psychiatric injuries, and substantial loss of blood
What is the key difference between section 18 and section 20
section 20 is intentionally or recklessly, causing serious harm or wounding
Section 18 is causing serious harm or wounding with intent
