Non Fatal Offences Flashcards
Assault: law
S.39 Criminal Justice Act
Assault: definition
“An act which causes the victim
to apprehend the infliction of immediate unlawful force.”
Assault: actus reus
• Act
• apprehend
• immediate unlawful force
Assault: Act
• Requires a positive act
• Words can be written or verbal - R v Constanza (1997)
• Silent calls can constitute an assault - R v Ireland (1997)
Assault: apprehend
• As a result of the act, the victim must fear that unlawful force will be used against them
• R v Logdon (1976): must fear some sort of force
• R v Lamb (1967): Pointed an unloaded gun at someone who is aware does not result in an assault
Assault: immediate unlawful force
force must be unlawful and immediate
• immediate does not mean instant: Smith v Woking (1983)
Assault: mens rea
• Intention to cause fear
• Recklessness which caused fear
Battery: contained under?
s.39 Criminal Justice Act 1988
Battery: definition
” the application of unlawful force”
Battery: actus reus
application: Collins v Wilcock
unlawful force: Pegram v DPP
Battery: Mens rea
• intention to apply unlawful force
• subjective recklessness as to whether unlawful force was applied
• R v Venna or R v Spratt
ABH s.47: introduction
• contained s.47 of Offences Against the Person Act (OAPA)
• “an assault occasioning actual bodily harm”
ABH: actus reus
• assault or battery
• occasioning (causation)
• bodily harm (Miller)
ABH: mens rea
• D intends or is reckless in terms of an assault/battery.
• the mens rea for an ABH is that of the original assault or battery
GBH s.20: introduction
• “unlawfully wound or inflict grievous bodily harm without a weapon or instrument”
• s.47 of OAPA
GBH s.20: actus reus
• unlawful
• wound
• GBH
• causation
GBH s.20: unlawful
lawful act:
• self defence
• consent
GBH s.20: wound
“a break in the continuity of the skin” - JCC v Eisenhower
GBH s.20: GBH
• really serious harm - Smith
• serious harm - Saunders
• psychiatric harm - Burstow
• HIV - Dica
GBH s.20: mens rea
• intention or recklessness as to whether D caused some harm
• must prove D either intended their act to result in some unlawful bodily harm (Cunningham)
GBH s.18: introduction
• “unlawfully wound or inflict GBH on another individual with intention to do so.”
• s.18 OAPA
GBH s.18: actus reus
• unlawful
• wound
• GBH
• causation
(SAME AS GBH S.20)
GBH s.18: mens rea
• direct intent to cause GBH
• intention to wound is not enough (Taylor)
• foresight of consequence - oblique intent (Belfon)
