Non-Fatal offences Flashcards
What are the 5 Non-fatal offences
1. Assault 2 Battery 3 s. 47 ABH 4 s. 20 GBH 5 s. 18 GBH
Where are assault and battery stated
No act has a definition as they are part of common law however the Criminal Justice act 1988 states sentencing guidelines
What is the actus reus of Assault
An action that makes the victim to apprehend immediate unlawful personal violence
What did the case of Constnaza find
Words alone can result in a assault
What did the case of Turberville v Savage highlight
That words can also annual an assault.
What is the mens rea of assault?
Intention or recklessness to cause the defendant to apprehend immediate unlawful personal violence
What is the actus reus of a battery?
The application of unlawful force
What did the case of Collin v Willcock find?
Any touching can result in a battery no matter how slight the touch is. There need not be any proof of harm or pain
What did the case of Pringle state about the force that would amount to a battery
There must be an era of hostility surrounding a battery.
What did the case Thomas find
Touching of someones clothes can amount to a battery
What is the mens rea of a battery offence
The intention or recklessness as to apply malicious force to another. This was confirmed in the case of Venna
What is the actus reus of s. 47
Assault or battery occasioning in actual bodily harm
What is the definition of ABH and what is the authority for this
The case of Miller stated that the harm must be more than transient or trifling
Is ABH limited to injury of the skin or bones?
No in the case of Smith v DPP states that cutting off of a persons ponytail can amount to ABH
Can ABH include psychiatric injury
Yes the case of Chang Fook psychiatric injury must be more than fear or panic but must be some identifiable clinical condition
What is the mens rea of section 47?
The mens rea is the same as an assault or battery
What is the actus reus of section 20
Either inflicting GBH or causing a wound
What harm can amount to GBH
Really serious harm such as broken bones and permanent damage (saunders)
What did the case of Bollom signify?
That the age and physical state of the victim can be taken into account when deciding if harm amounts to GBH
What did the case of Ireland signify in relation to GBH?
That psychiatric harm can amount to GBH as long as it is serious enough.
What does the term inflict mean in the s.20 actus reus
Inflict means to cause and there doesn’t need to be any physical contact to cause some to suffer from GBH. As seen in the case of Burstow where the D shouted ‘fire’ in a cinema and people were injured in the panic to escape.
What signifies a wounding?
The case of Eisenhower states that a wound is the break in the continuity of both layers in the skin and doesn’t include internal bleeding. Therefore the slightest cut in theory can amount to a wounding.
Can the harm in s.20 be biological if so state the case?
The case of Dica states that GBH can be biological in nature when a man infected a woman with HIV
What is the mens rea of s. 20
Intention or recklessness as to cause some harm.
What did the case of Mowatt signify in relation to the mens rea of section 20?
That the defendant only need to foresee some harm occurring albeit only minor harm
What is the actus reus of s.18?
Wounding or causing GBH
What is the difference between s.18 and section 20 mens rea
There is no difference as judges have decided that inflicting and causing are the same thing the only difference between the two offences lies in the mens rea
What is the mens rea of s.18
Intention to cause GBH or resist arrest. It is a specific liability offence and therefore recklessness doesn’t form part of the mens rea
What case defines the basic test for intention and what is it
It is when the GBH is your main aim or purpose this is from the case of Mohan
What are the two forms of intention
Direct (main aim) and the case of Nedrick states that intention can be oblique if you identify that harm is a virtual certain consequence this was later confirmed in Woollin
What type of evidence can identify that serious harm was intended (secition 18 instead of 20)
If there is a use of a weapon or repeated attacks
What you should discuss if there is a cut that bleeds
You must discuss secion 20 because it includes a wound no matter how small the injury may seem. Discuss it as wounding rather than GBH
