Non Fatal Offences Flashcards
What is the maximum penalty for assault under s39 of the Criminal Justice Act 1998?
6 months imprisonment or £5000 fine
What is the legal definition of assault?
An act causing the victim to apprehend the infliction of immediate, unlawful force
What are the four components of the actus reus of assault?
- An act
- Apprehend
- Immediate
- Unlawful force
True or False: An omission can constitute an assault.
False
Which case established that words can constitute an assault?
R v Constanza
What does ‘immediate’ mean in the context of assault?
Imminent or in the near future
What constitutes unlawful force in the context of assault?
Force without lawful excuse; a touch is sufficient
What is the mens rea for assault?
Intention to cause apprehension of immediate unlawful force or recklessness
What constitutes battery?
Applying unlawful force onto another with intention or recklessness
What is the actus reus of battery?
- Application
- Unlawful force
Can battery be committed through an indirect act?
Yes
What is the minimal level of force required to constitute battery?
No harm must be proven as a result of the force
What is the definition of Actual Bodily Harm (ABH) under s.47 Offences Against the Persons Act 1861?
Any hurt or injury calculated to interfere with the health or comfort of the victim
What are the three components of the actus reus of ABH?
- Assault or battery
- Occasioning
- ABH
What does ‘occasioning’ refer to in the context of ABH?
Establishing causation between the initial assault/battery and the ABH suffered
What is the mens rea for ABH?
Intent or recklessness as to the original assault/battery
What does GBH stand for?
Grievous Bodily Harm
What are the two separate offences under s.18/s.20 Offences Against the Persons Act 1861?
- Wounding
- Grievous Bodily Harm
What is the definition of GBH according to DPP v Smith?
Really serious harm
What constitutes a wound according to JCC v Eisenhower?
A break or cut in the continuity of the whole of the skin
What is the mens rea for s.20?
Intention or recklessness to cause some harm
What is the mens rea for s.18?
Intention to cause serious harm or intention to resist arrest
Fill in the blank: The actus reus of battery requires an application of _______.
[unlawful force]
