Non fatal offences Flashcards
What are the elements for the AR of Assault
Making V:
1) Apprehend
2) immediate
3) Unlawful personal violence
What are the elements for the MR of Assault
Intent or recklessness about making V apprehend immediate unlawful personal violence
What is the case that proves “immediate” for Assault
Smith
What is the case that proves the MR of assault
Venna
What are the elements for the AR of Battery
Battery is defined as the:
1) Application - direct or indirect
2) The “least touching in anger”
3) Unlawful physical force
What are the elements for the MR of battery
Intent or recklessness about applying the force
What is the case that proves battery can be committed by touching clothes
Thomas
What is the case that proves the MR of battery
Venna
What is the first element AR of S.47
the first element is an assault or battery
What is the second element of the AR for S.47
“Occasioning” meaning “causing”
What is the third element of the AR for S.47
ABH was defined as anything more than trivial or insignificant
What is the MR of S.47
Its the MR for the initial assault or battery
What case goes with ABH
Miller
What case goes with S.47 MR
R v Savage
What is the AR for S.20/18 (3 Facts)
There needs to be:
1) Wounding / GBH
2) Wounding requires a break in the layers of the skin
3) For GBH “Grievous” simply means serious
