Non-fatal offences Flashcards
Assault and battery are…
common law offences
what are five non-fatal offences?
-assault
-battery
-assault occasioning actual bodily harm
- inflicting grievous bodily harm or wounding
-inflicting grievous bodily harm or wounding with intent.
Offences Against The Person Act 1861 - what consists in this act?
-assault occasioning actual bodily harm
- inflicting grievous bodily harm or wounding
-inflicting grievous bodily harm or wounding with intent.
What is assault?
- intentionally or recklessly
causing the victim to fear
immediate, unlawful harm
What is battery?
- the unlawful application of force to another person
What is the max sentence under both section 47 and section 20?
-five years’ imprisonment; this gives the court
plenty of scope to choose a suitable level of punishment.
Where can inflicting grievous bodily harm or wounding be found?
- Section 20 of OATPA 1861
Where can inflicting grievous bodily harm or wounding with intent be found?
- Section 18 of OATPA 1861
What is the actus rea of assault?
- is any act that causes the victim to apprehend
an immediate infliction of unlawful violence.
What is the mens rea of assault?
- ‘an intention to cause the victim to apprehend unlawful and immediate
violence or recklessness whether such an apprehension be caused.
What is the actus reus for battery?
-the unlawful application of force to another.
The force involved is suggested that touching
a person’s clothes may be sufficient.
What is the mens rea for battery?
- ‘proof that the defendant intentionally or recklessly applied force to the person
of another
What is assault occasioning ABH
- the offence requiring the consequence of more than minimal harm to the victim.
What is grievious bodily harm?
- this is serious harm and can cover a wide range
of injuries.
What is the first element of the act in the context of s20 of the Offences Against the Person Act 1861?
The first element is that the act must be unlawful, which usually means that there must have been no consent to the act
What is the mens rea (mental state) required for an offence under s20?
The mens rea required is that the act must be done ‘maliciously’, as discussed in the cases of Cunningham (1957) and Savage (1991).
What was the case of Savage (1991) about in relation to s20?
Mrs. Savage was convicted of unlawful wounding after throwing a glass of beer at Miss Beal, resulting in the victim being injured. This case clarified the meaning of ‘maliciously’ in relation to s20.
What does Section 18 of the Offences Against the Person Act 1861 state?
Section 18 states that whoever unlawfully and maliciously wounds or causes grievous bodily harm to another person, with the intent to do some grievous bodily harm, commits an offence.
What is the key difference between Section 18 and Section 20 offences under the Offences Against the Person Act 1861?
The key difference is the mens rea. Under Section 18, there must be a specific intent to cause grievous bodily harm, whereas under Section 20, the defendant only needs to be malicious without needing to have the intent to cause serious harm.
What is the actus reus of an offence under Section 18 of the Offences Against the Person Act 1861?
The actus reus of Section 18 is either wounding or causing grievous bodily harm, similar to Section 20.
What is the mens rea for an offence under Section 18 of the Offences Against the Person Act 1861?
The mens rea for Section 18 is that the defendant must have been malicious and must have had the specific intent to cause grievous bodily harm to the victim.
