Non Fatal Offences Flashcards
What act does assault come under and which section number is it ?
s.39 of the criminal justice act (1988)
What is the maximum sentence for assault ?
Six month custodial sentence / £5000 fine
What is the actus reus for assault ?
“Causing an individual to apprehend the infliction of immediate and unlawful force”
What is the mens rea for assault ?
“Intention or recklessness as to the assault”
Case which established silent phone calls could amount to an assault ?
Rv Ireland
Case which established that threatening letters could amount to an assault ?
Rv Constanza
Which civil law case defined that words can nullify an assault ?
Tuberville v Savage
What act does battery come under and what section number is it ?
s.39 of the criminal justice act (1988)
What is the maximum sentence for battery ?
Six month custodial sentence / £5000 fine
What is the actus reus for battery ?
“The application of unlawful force unto another individual”
What is the mens rea for battery ?
“Intent or recklessness as to the battery”
Which case established touching clothes can amount to battery ?
Rv Thomas
Which case established battery can be carried out indirectly
DPP v K
What act does ABH come under and what section is it ?
s.47 of the “offences against the person act” (1861)
What is the actus reus for ABH ?
“Assault or battery which occasions ABH”
What is the maximum sentence for ABH ?
Up to five years custodial sentence
What does “Miller” define ABH as ?
“Any hurt or injury calculated to interfere with the health or comfort of the victim”
What is the mens rea for ABH ?
“Intent or recklessness as to the assault / battery”
Which case established psychiatric harm could amount to ABH ?
Chan Fook
Which case established being knocked unconscious “even for a second”, amounts to ABH
T V DDP
What act and which sections do both GBH offences come under ?
s.18 / s.20 of the “offences against the person act” (1861)
Which is the key difference between both s.18 and s.20 GBH ?
Level of intent *
What is the sentencing for s.20 GBH ?
Up to five years custodial sentence
What is the senetncing for s.18 GBH ?
Up to life imprisonment *
What does DPP v Smith define GBH as ?
“Really serious harm”
What is the actus reus for s.20 GBH ?
To wound or inflict GBH
What is the actus reus for s.18 GBH
To wound or cause GBH
What is the mens rea for s.20 GBH ?
Intent or recklessness as to “some harm”
What is the mens rea for s.18 GBH ?
Intent to cause GBH
Which case established that severe psychiatric harm amounts to GBH
“Burstow”
