Non-Fatal Offences Flashcards
What must P establish to prove simple assault?
AR:
* apprehension
* immediate
* unlawful
* personal physical force
MR:
* I or R as to causing V fear of harm
What is the punishment for simple assault?
Summary offence - max 6 months prison or fine
What are the rules in relation to apprehension of harm for simple assault?
V must anticipate infliction of force
* caused by D’s words / silence / or gestures
* V does not need to fear D
* V must know they are about to be touched
* irrelevant D may not have means to carry out attack if V is not aware of this (e.g. D still liable if gun is a replica and V is unaware of this)
When will force be considered immediate for common assault?
The threat must not be use of future force or conditional
What does personal force mean for common assault?
V must be present when D makes the threat AND fear physical harm (not psychological)
What is the AR and MR of battery?
AR
- Infliction (directly, indirectly or by omission)
- Unlawful
- Force: slight touch (clothing ok)
MR
- Intention or recklessness as to inflict force
What is the max punishment for battery?
Summary offence - 6 months imprisonment and/or £5k fine
What is the punishment for ABH (s47)
Either-way: max 5 years imprisonment
What is the AR and MR of ABH (s47)?
AR:
- Simple Assault or Battery
- Causes
- ABH (some harm)
MR
- I or R as to common assault (cause V fear of harm /or/ inflict harm on V)
What is the max punishment for GBH (s20)
Either-way: max 5 years imprisonment
What is the AR and MR of GBH (s20)
AR
* Unlawful
* Wound (pierce both layers of skin) or
* GBH (really serious harm)
MR
- I or R as to ABH
What is the max punishment for GBH with intent (s18)
indictable only: life imprisonment
What is the AR and MR of GBH with intent?
AR:
- unlawful
- wound; or
- GBH
MR
- intention to cause GBH (not wound); or
- intention to resist or prevent lawful arrest AND I or R as to causing some harm
