Non Fatal Offences Flashcards
What is the Actus Reus for Assault?
Must be an act that puts the victim in fear of immediate unlawful force (no physical contact)
What can the act be to make the defendant guilty of assault
There must be no contact with the defendant and the victim. The defendant can make gestures, they can shout or send messages or by phone calls.
What are the cases that illustrate the act for assault
- Ireland
- Constanza
If the victim is not in fear….
Then the defendant cannot be found guilty
The case that illustrates fear
Logdon
What is immediate?
There and then the victim must be in fear pf immediate unlawful force
What are the cases for immediate?
- Tuberville v Savage
- Smith v Chief Superintendent Woking Police Station
What is unlawful force?
The victim fears that the defendant will do something, or go further with their actions
What is the Mens Rea for Assault?
To intend to put the victim in fear of immediate unlawful force, or to be reckless as to putting the victim in fear of immediate unlawful force
The case to support the Mens Rea pf Assault
Savage
What is the Actus Reus for Battery?
The unlawful application of force to another
What is unlawful?
No consent given to the defendant from the victim
The case for unlawful (battery)
Collins v Wilcock
What does collins v Wilcock tell us?
The slightest touch can amount to battery
What is application?
Where you apply the force to another either directly or indirectly
What is direct application?
When the defendant applies the force personally
What is indirect application?
Where the defendant causes force to be applied by using something else, like an object
The cases for application
- DPP v K
- Haystead
Of force
Applying force to another. The slightest touch, but doesn’t cause harm to another
To another
To another person
Touching someone’s clothes whilst they are wearing them can amount to battery
The case for to another
R v Thomas
What is the Mens Rea for Battery?
To intend to apply unlawful force to another or to be reckless as to the application of unlawfully force to another
The case for intention of battery
Venna
The case for to be reckless of battery
Parmenter
What is S47OAPA 1861
S47 of the Offence Against the Person Act 1861 - Assault or Battery occasioning Actual Bodily Harm
What is the Actus Reus for s47 OAPA?
An assault or battery which occasions actual bodily harm
For s47 there must be…
There must be a common assault or battery which occasions to actual bodily harm
What is occasioning?
This means causing
This can be caused by an omission
The cases for occasioning
- R v Roberts
- DPP v K
- DPP v Satana-Bermudez
What can amount to Actual Bodily Harm?
- Bruises
- Mild Concussion
- Momentarily loss of consciousness
- Causing a mild allergic reaction/rash
- Causing vomiting
- Sprains
- Small burns
- Mild psychiatric harm
- Cutting someones hair off
The cases for ABH
- DPP v Miller
- R v Chan-fook
- T v DPP
- DPP v Smith
- R v Ireland
What is the Mens Rea for s47 OAPA?
Mens rea for assault or battery - there is no need to intend or foresee any harm or injury. (Intention or recklessness of assault or battery)
The case for the mens rea of s47
R v Savage
What is the actus reus for s20 OAPA 1861
The unlawful wounding or causing GBH
What is wounding?
A break in the layers of the skin. It must be an open wound with blood loss.
What is NOT wounding?
Internal bleeding
The case for wounding
JCC v Eisenhower
What is GBH?
Grievous Bodily Harm
What amounts to GBH?
It does not have to be life threatening:
- Broken bones
- Internal bleeding
- lots of less serious injuries all together
- Burns
- Serious Psychiatric harm
- permanent disability
The cases for GBH
- DPP v Smith
- R v Saunders
- Brown v Stratton
- R v Bollom
- R v Dica
What is the mens rea for s20 OAPA 1861?
Intending to cause SOME HARM or being reckless to causing SOME HARM
The case for the mens rea of s20 OAPA 1861
R v Parmenter
What is the actus reus for s18 OAPA?
Unlawful wounding or causing GBH
What is the mens rea for s18 OAPA 1861?
Intention to wound or cause GBH
The case or the mens rea of s18 OAPA 1861
R v Belfon
How do you structure an answer for Assault?
AR:
- Must be an act
- That causes the victim to fear
- Immediate
- Unlawful force
MR:
1. Decide whether it was intention or recklessness
How do you structure an answer for Battery?
AR:
- Unlawful
- Application
- Of force
- To another
MR:
1. Decide whether it is intention or recklessness
How do you structure an answer for s47 OAPA 1861?
AR:
- An assault or battery (pick which one an explain)
- Occasioning
- Actual Bodily Harm
MR:
1. Decide whether it is intention or recklessness
How to structure a s20 OAPA 1861 answer
AR:
- Unlawful
- Wounding or GBH
MR:
1. Decide whether it is intention or recklessness to cause SOME HARM
How to structure a s18 OAPA 1861 answer
AR:
- Unlawful
- Wounding or GBH
MR
1. Intention to wound or cause GBH
