Non - Fatal Offences Flashcards
Actus reus of assault
Causing victim to apprehend the immediate application of unlawful physical force
Mens Rea of Assault
Intention or subjective recklessness st the causing V to apprehend the immediate application of unlawful physical violence
Logdon v DPP
As a joke, D pointed a gun at a friend who was scared. The D was deemed to have been reckless
Recklessness
Subjective - it must be believed that the defendant in question foresaw the consequences of their actions
Actus Reus of Battery
The application if unlawful physical violence on another ( a certain amount of everyday physical force is allowed)
Collins v Willock
Police officer grabbed the arm of a woman who she believed to be a prostitute. The constable was injured when the woman fought back
Battery does not have to be direct - Haystead v DPP , Fagan v Met Police Commissioner
Haystead - woman dropped her child after being punched
Fagan - accidentally parked his car on a police officers foot
Battery and physical force - R v Thomas
High level of physical force need to be applied
Thomas - D grabbed a 12 year old girl by her skirt
Can be committed by an omission - DPP v Santana
Police officer was pricked with a needle while performing a search after asking in they had any harmful weapons
Mens rea of assault
Intentionally or subjective recklessness as to applying unlawful force
Actus reus of ABH (3 elements)
- assault or battery
- occasioning - R v Roberts
- actual bodily harm - DPP v Smith
Mens Rea of ABH
same as assault or battery, there is no requirement for extra mens rea for ABH
R v Savage
Woman accidentally threw a glass at ex’s new girlfriend
CPS Charging standards
1 - minor injuries (black eye, cuts, grazing,swelling)
2- broken teeth, requiring surgery , loss of consciousness
3 - above this is GBH
Malicious Wounding / GBH - R v Brown & Stratton
Ds attacked father after he embarrassed them by showing up to work dressed as a woman.
Actus reus of GBH
to unlawfully wound or inflict any grevious bodily harm upon any other person
Mens rea of GBH
wound or inflict Grievious Bodily Harm upon any other person
R v Mowatt
established this it had to be proven D intended to cause some physical harm
DPP v A
As long as D intended or foresaw some harm , it was not necessary to prove they intended or foresaw serious harm.
Malicious Wounding or Grievious Bodily harm with intent
intend to malicious wound or cause GBH
Actus Reus of GBH
to malicously wound or cause GBH
Mens rea of GBH
to maliciously wound or cause GBH with intent
R v Dica
He intentionally had consensual unprotected sex with 2 women despite knowing he was HIV positive
R v Belfon
Man and a friend pushed a girl to the ground and attacked those who came to help
Criticisms
- the law is out of date
- sentencing
- language
- plea bargaining
