Non-fatal Offences Flashcards
What are the 5 non-fatal offences?
Assault
Battery
ABH
S.18 GBH
S.20 GBH
Define assault
Assault is when the defendants actions intentionally or recklessly causes the victim to fear immediate and unlawful force against them and can be charged under s.39 Criminal justice act 1988.
What is the actus reus of assault?
The actus reus of assault is causing the victim to apprehend an immediate and unlawful force
Broken down into 3:
- an act (R v constanza)= words, phone calls, gestures can amount to assualt
- apprehend= (R v Lamb) victim must have genuine belief that something violent is about to happen
- immediate= the crime does not have to be committed straight away the victim feels it could be immediate and this limits them with their fear of harm
What is the men’s Rea for assault?
The men’s Rea for assault is intention or recklessness as to causing the victim to apprehend immediate and unlawful force.
Defendant can have either:
1.) direct intention- the D’s main aim or purpose was to cause the victim to apprehend immediate and unlawful force (R v Mohan)
2.) recklessness- the defendant knew there was a risk of causing the victim to apprehend immediate unlawful force because of his actions (R V Cunningham)
What is the scenario structure for assault?
Identify offence
Actus reus of assault
Causation
Men’s Rea
Conclusion
What is the sentencing of assault?
The maximum sentencing of assault is up to 6 months. Assault is a summary offences that can be tried either in the magistrates court or crown court depending on the seriousness of the offence.
What is battery?
Battery is the unlawful application of force to another person without their consent.
What is the actus reus of battery?
The actus reus of battery is the application of an unlawful force.
Collins v Wilcock- held that any touching however slight may amount to battery
- Battery can also involve applying force through another medium, the force applied does not have to be direct to the victims body and they do not need to feel the force (R v Thomas)
What is the men’s Rea of battery?
Intention or recklessness as to applying unlawful force
Defendant could have either:
- direct intention (r v mohan)
- Recklessness ( r v Cunningham)
What is the exam structure for battery?
Identify offence
Actus reus
Men’s Rea
Conclusion
Why is causation not needed for battery?
Causation is not needed for battery as it does not need proof that the defendants action caused a specific result as it is a conduct crime not a consequence crime .
What is the sentencing for battery?
The maximum sentencing for battery is up to 6 months imprisonment. It is a summary offence and would be tried in either a magistrates or crown court.
What is ABH ?
ABH is an assault or battery occasioning actual bodily harm. It is an offence under S.47 offences against the person act 1861.
What is the Actus reus of ABH?
The actus reus of ABH is an assault or battery occasioning in actual bodily harm.
What is the Actus reus of ABH?
The actus reus of ABH is an assault or battery occasioning in actual bodily harm.
ABH was defined in R V Miller as ‘any hurt or injury calculated to interfere with the health and comfort of the victim’
What is the men’s rea for ABH?
Intention or recklessness as to the initial assault or battery.
R v savage- the defendant will only need the men’s rea of either assault or battery to be guilty under s.47.
What is the scenario structure for ABH exam question?
Identify offence
Actus reus of s.47
Actus reus of the assault or battery
Apply Actus reus to scenario
Definition of occasioning + Causation
Definition of ABH
Men’s rea of ABH
Conclusion
What is occasioning?
Occasioning means causing, it must be proved that the defendants assault or battery caused ABH suffered by the victim. Then factual and legal causation can be proven.
What is the sentencing for ABH?
Under S.47 OAPA 1861 the maximum sentence for ABH is 5 years. It is a triable either way offence meaning that it can be tried in either the magistrates or crown court.
What is S.20 GBH?
S.20 GBH is held under the offences against the person act 1861. It is the least severe section out of the 2 for GBH. Is defined in DPP v Smith as really serious harm.
What is the Actus reus for s.20?
The Actus reus for s.20 GBH Is wounding or inflicting grievous bodily harm.
What are the requirements for a wound?
A wound requires both layers of skin to have been broken by definition. It usually comes with blood loss.
What is the men’s rea of s.20 GBH?
The men’s Rea is intention to inflict, or recklessness to inflicting some harm (not serious harm).
Parmenter: Under S.20, there is no requirement for D to intend or be reckless about inflicting, foreseeing some harm is enough.
D can have either:
Direct intention- Ds main aim or purpose was to inflict some harm (Mohan)
Recklessness- D knows that there is a risk of inflicting some harm because of his actions but continues to take the risk (Cunningham)
What is the exam structure for S.20 GBH?
Identify offence
Actus reus
Causation
Men’s Rea
Conclusion
What is the sentencing for S.20?
S.20 GBH is under the Offences against the person act 1861 and can have a maximum sentence of 5 years. It is a triable either way offence and can be held in the magistrates or crown court.
What is S.18 GBH?
Section 18 GBH is the most severe out of the 2 sections for GBH.
What is the Actus reus of s.18?
The Actus reus of s.18 is wounding or causing Grievous bodily harm.
R V Brown and Stratton- a combination of injuries could amount to GBH
R V Dica- deliberately infecting another with a STI is GBH
R V Burstow- includes serious psychiatric harm
What is the men’s Rea for S.18 GBH?
The men’s Rea is intention to cause grevious bodily harm.
Therefore D can have:
Direct intention- Ds main aim or purpose was to cause grievous bodily harm (R V Mohan)
Indirect intention- the reasonable person could foresee GBH was virtually certain to occur from such actions and the defendant realised this ( woolin)
R v Taylor- an intention to wound is not enough for the men’s Rea of s.18.
What is the scenario structure for s.18
Identify the offence
Actus reus
Causation
Men’s Rea
Conclusion
What is the sentencing for S.18 GBH?
If it is successful in court, D will be sentenced under s18 offences against the person act 1861 of maximum life imprisonment. It is indictable offence and will be tried in the crown court.
