Non Fatal Offences Flashcards
What is the maximum sentence for assault
Maximum 6 months in prison
Or £5000 fine
Maximum sentence for battery
6 months in prision
£5000 fine
Maximum sentence for S47 ABH
Maximum 5 years in prison
Max sentence for S20 GBH and Wounding
Maximum 5 years in prison
Maximum sentence for S18 GBH and Wounding
Up to life in prison
What act is assault under
S39 Criminal justice act 1988
Explain actus reus for assault
D does an unlawful act which causes the v to apprehend/fear immediate unlawful personal violence
Explain mens reas for assault
Intention or recklessness for the fear of IUPV
Logdon
Man showed a woman a fake gun. Woman highly scared
Guilty
Misalati
D was verbally abusing people at the job centre
Guilty of assault
What act of parliament is battery under
S39 Criminal justice act 1988
Explain actus reus for battery
Any application of unlawful force
Explain mens rea for battery
Intention or subjective recklessness to apply that force
What are the 2 types of battery
Direct or indirect
Thomas
D touched a young girls skirt
Guilty of battery as force on clothing is the same as force on a person
Haystead
D in an argument with woman holding baby pushed the mum (direct battery) causing her to drop the baby (indirect battery)
What act of parliament is ABH under
S47 of the offences against the person act
Explain actus reus for ABH
An assault or battery that leads to extra hurt or injury interferring with the victims health and comfort
Explain mens rea for ABH
Intention or recklessness for the original assault or battery
DPP v K
D took some acid from science and put it in hand dryers
Acid squirted into v’s face causing permanent scarring
Guilty of ABH
Explain smith
D goes to v’s house and chops her ponytail off. Affecting her mental health severely
Guilty of ABH
Judge said it had to be a ‘substantial amount’ of hair loss
Explain wounding
Breaking two external layers of the skin
Explain GBH
Really serious harm
What act is wounding and GBH under?
Offences against the person act 1861
Explain S20 actus reus
D must inflict GBH or a wound
Explain S20 mens rea
Intention or subjective recklessness for some harm
Explain S18 actus reus
D must cause GBH or a wound
Explain S18 Mens Rea
Direct intent for GBH or wounding or to resit arrest (which causes GBH or wounding)
Dica
D had HIV and had unprotected sex with 2 women who didn’t know
Guilty of S20 GBH
Bollom
D inflicted various injuries on his partners 17 month old
Mistakes in court meant it got dropped to ABH
Eisenhower
D, a minor, shot multiple rounds from an air gun, one pellet hit V in the eye
Not guilty of wounding ( wasn’t a wound as it burst a blood vessel and caused swelling should have been charged with S20 GBH)
Taylor
Stabbed v in the back with a knife
Convicted of S18 wounding but appealed to S20 wounding due to judges error
