Non-Fatal Offences Flashcards
Name the non-fatal offences against the person, in order or most serious to least serious.
S18 - Wounding or causing GBH with intent
S20 - Wounding or inflicting GBH
S47 - Assault occasioning ABH
Battery
Assault
What is the actus reus and mens rea for assault?
AR:
Apprehending immediate and unlawful personal violence
MR:
Intention or recklessness in causing the victim to apprehend immediate and unlawful personal violence
Explain the AR for assault in detail
Apprehension:
V must EXPECT or ANTICIPATE but no need to FEAR unlawful violence [no need for the violence to happen]
Words / silence is enough, but can also negate an assault
Immediate - no need to be instant but in the immediate future
Unlawful: no self-defence / consent
Personal violence: all the victim has to anticipate is an unwanted touch - but must be physical force
Explain the MR for assault in detail
Intention or recklessness
Standard interpretation of intention as aim or purpose and recklessness from R v G (objective and subjective)
What is battery?
The actual intended use of unlawful force to another person without consent
What is the AR and MR of battery?
AR: Application of unlawful force
MR: Intentionally / recklessly applying unlawful force
Explain the AR of battery in detail
Application: battery can be inflicted directly, indirectly or by an omission
Unlawful: consent sometimes can be implied in everyday life
Force: this can be a very small touch, no need to be rude / hostile / aggressive - can be on clothes
If harm is more than trivial - D is liable for the more serious offence S47
Explain the MR of battery in detail
Intention or recklessness as to applying unlawful force on another person
What is the AR and MR of S47 assault occasioning actual bodily harm?
AR: Assault, Occasioning, ABH
MR: Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal violence, or applying unlawful force upon another
Analyse in detail the AR of S47 assault occasioning ABH
Assault - can be either an assault or a battery - this also includes establishing the AR and MR of that offence within
occasioning - normal causation principles apply
S47 can also be caused by an omission - failure to tell someone / do something that then leads them to hurt themselves
ABH - injury, but should not be trivial or both transient and trifling. Includes psychiatric injury, but not just emotions like fear / distress / panic
What MR is required for S47 assault occasioning ABH?
No MR is required for ABH
All that is required is the MR for assault / battery
What is the AR and MR for malicious wounding or inflicting grievous bodily harm, S20 OAPA?
Two offences under S20:
Malicious wounding
Maliciously inflicting grievous bodily harm
AR:
Wound; or
Infliction of GBHH
MR:
D must intend or be reckless as to the causing of some harm
Analyse the AR of S20 OAPA
“Wound” - both layers of skin must be broken - but need not be sever
Infliction of GBH:
‘Inflict’ - means the same as cause - normal rules of causation apply
Assault not a pre-requisite - can be psychological injury if proven by expert evidence
GBH: (really) serious harm
Consider effect, age / health of victim, totality of injuries
Analyse the MR of S20 OAPA
Intention or recklessness as to the causing of some harm
Enough to foresee physical harm would occur, even if minor
What is the AR and MR of S18 OAPA: Wounding or causing GBH with intent?
AR: wound or causing GBH
MR: D must intend to cause GBH
creates two offences:
Malicious wounding with intent to cause GBH
Maliciously inflicting GBH with intent to cause GBH
Analyse the AR of S18 OAPA
Wound; break in both layers of the skin
Causing; Normal rules of causation apply
GBH: serious harm
Analyse the MR of S18
MR is the key difference between S18 and S20
Intention is only MR available - D must intend to cause GBH (serious harm)
If AR is a wound - MR is still intention to cause GBH - intention to wound is not enough
Intention can be direct or oblique
Give examples of ABH
Temporary loss of sensory function
Temporary loss of consciousness
Extensive bruising
Cutting hair without consent
Minor fractures
Psychiatric injury more than trivial
Give examples of GBH
Permanent loss of sensory function
Disability
Broken bones
Fractured skull
Blood loss - substantial
