Non fatal Offences Flashcards
Non fatal offences defined under
Non fatal offences against the person act 1961 though the most minor offences of assault and battery are through common law.
5 main offences
Assault Battery ABH s.47 OAPA Infliction GBH s.20 OAPA Causing GBH with intent s.18 OAPA
Assault sentence is up to
6months imprisonment or fine
Assault is defined under
A.39 Criminal Justice Act 1988.
Actus reus of Assault
Act which caused the victim to apprehend the immediate application of unlawful force.
E.g raising a fist
Throwing a stone and missing
Making a threat
What must the actus reaus of Assault be both (2)
Apprehend
Immediate threat
Cases for assault
Smith vs Cheif Superintendabt of Woking police station - D standing in Victims garden at 11pm looking at her getting ready. She was concerned threat was immediate.
R v Ireland - assault through silent phone calls
Does force mean violence.
No it can mean any type of touching.
What is men’s rea for assault?
Intends to cause victim they will inflict force or is reckless as to if the victim will believe it. Defendant must realise risk there is that the victim is to believe that.
What is battery defined under
S.39 criminal justice Act 1988
Sentence for battery
Up to 6months or a fine
Actus reus of men’s rea
Applies unlawful force to victim e.g hit over back of head.
What happened in R v Thomas
Touching of skirt amounted to battery
Battery can be applied indirectly case
R v Martin when he locked the doors with iron bar on theatre and turned off lights and shouted fire. Convicted of GBH because the injuries to those in panic.
What does the CPS charging standards give examples of battery as:
Grazing Scratches Abrasions Minor bruising Swellings Reddening my of skin Black eye
What is the men’s rea of battery
Defendant has to intend or is reckless as to application of force.
What is ABH under
S.47 Offences against the person act 1861
What is the maximum sentence for ABH
5years Max imprisonment as is a triable either way offence.
What is the actus reus of ABH
Has to prove the cause of ABH. In miller seen as hurt or the jury calculated to interfere with health or comfort of victim.
Cutting someone’s hair can be seen as ABH as shown in
DPP v Smith where there was no consent to cut the hair. (2006)
Loss of consciousness even momentarily leads to ABH as shown in
T v DPP 2003
What are the CPS charging standards for ABH?
Loss or breaking of teeth Loss of consciousness Extensive or multiple bruising Displaced broken nose Minor fractures minor cuts which may need stitching Psychiatricinjury shown in Chan Fook
What is men’s rea of ABH
Exactly the same for assault and battery the defendant doesn’t have to indent the risk they just have to be aware of it. E.g R v Roberts when girl jumped out the car. ABH due to the advances he made on her
Wounding and Grievous bodily harm under
S20 OAPA 1861
Max sentence for GBH
5 years
What does wounding mean
The breaking of the surface of the skin. Internal bleeding is not a wound even though may be serious.
Wood - broke victims collar bone but couldn’t be convicted of GBH because no skin was broken.
Eisenhower - shoot with pellet in eye causing rupture but no breaking of skin.
It was held in DPP v Smith that GBH means
Really serious harm
Expection for breaking the skin is seen in R v Bollom 2003
Baby’s injuries were so bad despite not breaking the skin taking into account her age and frailty it was GBH.
In R v Dicta biological harm was also seen as GBH. What happened in the case.
Unprotected sex knowing he was HIV positive.
GBH can also be non application of force for example shown in R v Burstow
Constant harassment which led to depression.
CPS charging standards for GBH s20
Injury resulting in permanent disability
Resulting in replacement of limbs or bones
Compound fractures
Causing substantial loss of blood
Insurers resulting in lengthy treatment or incapacity
Psychiatric injury
Men’s rea for S20 GBH
Defendant must intent to cause some harm or be subjectively recklessness e.g aware of risk of some harm.
Wounding or causing grievous bodily harm with intent to do GBH under
S18 OAPA 1861
Max sentence for GBH with intent
Life imprisonment as an indictable offence
What is the actus reus of s18.
Same as s20 but the men’s rea requires the intention to be proven. It is not sufficient for the jury just to use recklessness.
Men’s rea for s18
Has to be proven the intention is there to cause serious bodily harm.
