non fatal offences Flashcards
what is the method for answering a scenario on non fatal offences
1- how many character are involved and separate each one
2- find what offence was committed
3- the relevant statue
4- case example
5- actus Reus
6- men’s rea
7- any possible defences
what are the 5 different non fatal offences
battery
assault
ABH
GBH
GBH with intent
what is the mens rea for battery
Intention or recklessness as to applying unlawful force to another person.
what is the statue and section for battery
section 39 of the Criminal Justice Act 1988.
case examle of battery
r v thomas The defendant touched a woman’s skirt.
what is the mens rea for assault
Intention or recklessness as to causing the victim to apprehend immediate unlawful violence.
what is the relevent statue and section for assault
section 39 of the Criminal Justice Act 1988.
case for assault
R v Savage (1991) - The court held that the mens rea for assault includes the intention or recklessness to cause the victim to fear immediate unlawful violence.
mens rea of abh
Intention or recklessness as to causing assault or battery. There is no need to prove the defendant intended or foresaw the actual bodily harm.
statue amnd section for abh
Offenses Against the Person Act 1861, section 47.
case for abh
R v Roberts
mens rea of gbh
Intention or recklessness as to causing some harm, though not necessarily serious harm.
section and staue of gbh
Offenses Against the Person Act 1861, section 20.
case for gbh
Mowatt
mens rea of gbh with intent
intention to cause serious bodily harm.
