Non-fatal offences Flashcards
What type of offence is assault?
A common law offence
What is the actus reus of an assault?
‘causing the victim to apprehend immediate and unlawful personal violence’
When can the application of force be considered lawful?
- Self defence
- Consent
What is the mens rea for assault?
‘the defendant intends or is reckless as to causing the victim to apprehend immediate unlawful violence’
What is the test for recklessness for assault?
The R v G test:
Did D:
A) See a risk that their actions will cause the victim to apprehend immediate and unlawful violence
B) In the circumstances known to D, it was unreasonable to take that risk
What is the maximum sentence for battery?
- 6 months imprisonment and/or
- £5000 fine
Where in the Criminal Justice Act 1988 is the sentence for battery?
s39
What is the AR for battery?
‘An application of unlawful force
What is the MR for battery?
‘Intentionally or recklessly applies unlawful force’
What act lays out assault occasioning actual bodily harm?
Offences Against the Person Act 1861 s47
What is the AR for assault occasioning actual bodily harm?
‘Assault occasioning actual bodily harm’
What is the MR for assault occasioning actual bodily harm?
No MR, just the MR of either assault or battery
What act lays out wounding or causing GBH with intent?
Offences Against the Person Act 1861 s18
What are the two offences laid out in s18 OAPA 1861?
- Malicious wounding with intent to cause GBH
- Maliciously inflicting GBH with intent to cause GBH
What act lays out malicious wounding or inflicting GBH?
Offences Against the Person Act 1861 s20
What are the two offences laid out in s20 OAPA 1861?
- Malicious wounding
- Malicious infliction of GBH
What are examples of injuries inflicted by someone found guilty of Assault occasioning actual bodily harm?
- Temporary loss of sensory function
- Temporary loss of consciousness
- Extensive bruising
- Cutting someone’s hair without consent
- Minor fractures
- Psychiatric injury that is more than trivial - beyond mere fear, distress or panic
What are examples of injuries inflicted by someone found guilty of GBH?
- Permanent loss of sensory function
- Permanent disability
- Broken bones
- Fractured skull
- Substantial blood loss
When are juries allowed to find oblique intention?
If they feel sure that:
- Serious injury was a virtual certainty as a result of D’s actions (objective)
- That D intended that (Subjective)
