Non-fatal offences Flashcards
Outline the hierarchy of non-fatal offences in ascending order of seriousness.
-Assault
-Battery
-ABH (s47)
-GBH (s20)
-GBH with intent (S18)
What is assault?
When the victim anticipates the D will use violence against them.
The least serious non-fatal offence as no touching occurs.
What is the actus reus of assault?
Causing the victim to apprehend immediate and unlawful personal violence.
Describe the cases of R v Lamb (1967) & Logdon v DPP (1976) with regards to apprehension in assault.
R v Lamb (1967): two teenage boys were playing with a revolver and believing the gun was safe, the D pointed it at his friend and pulled the trigger. No assault had taken place as the victim did not apprehend violence as he believed the gun was safe.
Logdon v DPP (1976): the D showed the victim a pistol in a drawer, saying it was loaded and that he would hold her hostage. The D knew the gun was a replica but the victim did not. Assault was found to have been committed.
What is the mens rea for assault?
Intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence.
What is battery?
A battery is actual intended use of unlawful force to another person without their consent.
The D touches the victim in an unwanted fashion.
What is the actus reus of battery?
Application-battery can be inflicted directly, indirectly or by an omission.
Unlawful-means the battery isn’t done in self-defence or with the victim’s consent.
Force-means the merest of touch, and doesn’t have to be rude, hostile or aggressive.
What is the mens rea of battery?
Intentionally or recklessly applies unlawful force.
What is the actus reus of assault occasioning ABH-S47 OAPA 1861?
Assault-there must be an assault or battery.
Occasioning-normal principles of causation apply, ABH must be caused to the victim.
ABH-any hurt or injury calculated to interfere with the health or comfort of the victim. The hurt must be more than transient and trifling.
What is the mens rea of assault occasioning ABH-S47 OAPA 1861?
All that is required is the mens rea for the assault or the battery.
Intent or recklessness as to:
-causing the victim to apprehend immediate and unlawful personal violence; or
-applying unlawful force upon another
What is the actus reus of malicious wounding or inflicting GBH-S20 OAPA 1861?
Wound-there must be a break in the continuity of both layers of the skin-if there is proof of a wounding, the actual injury need not be severe; any breaking of the skin will suffice.
Infliction-bears the same meaning as cause and the normal rules of causation should apply.
GBH-means serious harm.
What is the mens rea of malicious wounding or inflicting GBH-S20 OAPA 1861?
D must intend or be reckless as to the causing of some harm.
It is enough that the D foresees that some physical harm to some person, albeit of a minor character, might result from their unlawful act.
What is the actus reus of wounding or causing GBH with intent-S18 OAPA 1861?
Wound-this bears the same meaning as a S20 offence, there must be a break in both layers of the skin. Any breaking of the skin will suffice.
Causing-there is little to no difference as to the meaning of inflict under s20. Normal rules of causation will apply.
Grievous bodily harm-means serious harm.
What is the mens rea of wounding or causing GBH with intent-S18 OAPA 1861?
D must intend to cause GBH.
What is the main difference between S18 & S20 GBH?
For a S18 offence, the D must actually intend to cause harm which amounts in law to GBH (serious harm).
What are examples of S47 ABH?
Temporary loss of sensory function/consciousness
Extensive bruising
Cutting someone’s hair without their consent
Minor fractures
Psychiatric injury that is more than trivial
What are examples of S20/S18 GBH?
Permanent loss of sensory function
Permanent disability
Broken bones
Fractured skull
Substantial blood loss
