Non Fatal offences Flashcards
What is the hierarchy of non-fatal offence against the person?
(1 - 5; 1 being the most serious)
1- Wounding or grievous bodily harm with intent (s 18 Offences Against the Person Act ‘OAPA’ 1861 )
2- Wounding or grievous bodily harm (s20 OAPA 1861);
3- Assault occasioning actual bodily harm (s 47 OAPA 1861);
4- Battery
5- Assault
How do u determine criminal liability for assault?
1) Actus reus:
Victim to apprehend (expect or anticipate) immediate and unlawful personal violence.
! physical gesture, some words are enough.
2) Mens Rea:
Intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence.
3) Absence of a valid defence such as.. Self-defence, intoxication and consent.
Examples!
Threats of violence only, no touching but anticipated violence etc..
How do you determine criminal liability for battery?
1) Actus reus:
Application of unlawful force
* Directly
*Indirectly
*By omission
PS; Doesn’t have to be applied directly, and if it is the merest touch applies - doesn’t have to be rude or agressive.
2) Mens Rea:
Intentionally or recklessly applies unlawful force.
3) Absence of a valid defence such as.. Self-defence, intoxication and consent.
Examples!
unwanted kiss, slap, scratches etc..
How do you determine s 47 - Assault occasioning actual bodily harm?
PS! both AR and MR of either assault of battery must be established.
1) Actus reus:
- Assault; meaning an assault or battery.
- Occasioning; normal principles of
causation apply.
- Actual bodily harm.
2) Mens Rea:
NO mens rea needed for actual bodily harm.
Mens rea for the assault or the battery.
Intent or recklessness as to:
- causing the victim to apprehend immediate and unlawful personal violence; or
*applying unlawful force upon another.
3) Absence of a valid defence such as.. Self-defence, intoxication and consent.
Examples!
Temporary loss of consciousness, extensive bruising, minor fractures etc..
How do you determine s 20 - Wounding or grievous bodily harm?
a) Actus reus
-Wound; or
-Infliction of grievous bodily harm.
b) Mens Rea:
D must intend or be reckless as to the causing of some harm.
Examples!
Broken bones, Fractured skull, permanent disability etc..
How do you determine s 18 -Wounding or grievous bodily harm with intent?
a) Actus reus
- Wound; or
- Causing grievous bodily harm.
b) Mens Rea:
D must INTEND to cause grievous
bodily harm.
Examples!
Broken bones, Fractured skull, permanent disability etc..
Discretionary sentencing