NON FATAL OFFENCES Flashcards
Mens rea of s20 GBH
Intention or recklessness as to some harm
Actus reus of S18 OAPA
Inflicting a wound or causing GBH
Mens rea of S18 GBH
Intention as to causing serious harm (TAYLOR)
CANT BE RECKLESS
Actus reus of S20 GBH
Inflicting a wound or causing GBH
Wound- breaking 2 or more layers of skin
GBH- serious harm(Saunders)
Actus reus of ABH S47
Assault or battery occasioning actual bodily harm
Mens rea of ABH S47
Intention or recklessness as to ABH (savage)
Definition of ABH
Harm that is minor but not trivial (miller)
And can include psychiatric harm (chan folk)
Actus reus of battery
Contained in
S39 criminal justice act
Applying unlawful force (Collin’s v willcock)
The amount of force can be slight and part of a continuing act (Fagan V MPC)
Actus reus of assault
Causing victim to apprehend immediate unlawful violence.
Ireland- silence
Constanza- words
Mens rea of assault
Intention or recklessness as to cause the fear of violence (savage)
Cases for assault
Constanza - words
Ireland- silence
Logdon- gestures
Smith - look