Non-fatal offences against a person Flashcards
What case is used for Assault?
IRELAND (1995)
What is the actus reus of assault?
Where by an act or words D causes V to apprehend immediate and unlawful force
What is meant by ‘apprehend’?
Be aware of
What case is used for assault by act or words?
FAGAN v MPC
What case is used for D’s words could be verbal, written or typed?
CONSTANZA
Does V have to be scared or in danger for assault?
No
What is meant by ‘immediate’?
There and then
What case is used where there will be no immediate and unlawful force that can prevent a case being an assault?
TUBERVILLE v SAVAGE
What case is used for mens rea of Assault?
VENNA (1976)
What is the definition of Assault?
D must intentionally or recklessly cause V to apprehend immediate and unlawful force
What is the definition of Battery?
D must intentionally or recklessly apply unlawful force to V
What case is used for Battery?
COLLINS v WILCOCK
What is the actus reus of battery?
Where D’s act or omission applies unlawful force to V
What is meant by ‘force’ in battery?
Include the slightest touching but not ‘everyday jostling’
Does the unlawful force of battery need to be applied to V?
No , touching his or her clothes may be enough, even if V feels nothing
How can battery be committed by omission?
Only if D is under a duty to act: DPP v SANTANA BERMUDEZ
What is ABH?
Actual Body Harm
What is OAPA?
Offences Against The Person Act 1861
What is section 47 of the OAPA 1861?
Offence to commit ‘any assault occasioning actual bodily harm’
What is the actus reus of s.47 of OAPA?
- There must be an assault or a battery and this must cause actual bodily harm (ABH)
- No intervening act which breaks chain of causation
- ABH is ‘any hurt or injury calculated to interfere with the health or comfort of V’:MILLER
What does the word ‘actual’ mean?
The injury ‘should not be so trivial as to be wholly insignificant’: CHAN-FOOK
What are some of the typical injuries covering ABH?
- Extensive bruising
- Scratches
- A broken nose
- Loss or breaking of a tooth
- Minor fractures of bones
What is the mens rea of s.47?
Mens rea of an assault or the mens rea of battery
What is the Offence under s.20 OAPA 1861?
Under s.20 is an offence to:
- Unlawfully and maliciously inflict GBH and/or
- Unlawfully and maliciously wound
What is the actus reus of s.20 OAPA 1861?
Requires D to have inflicted GBH on V or to have a wounded V
What does GBH mean?
Really serious harm
Examples of GBH:
- Any injury resulting in permanent disability
- Broken bones
- A serious disease
- Take in account V’s age and health can affect GBH
What is wounding?
Requires a breaking of the whole skin. Injury must be deep enough to break inner skin
What is the mens rea of s.20 OAPA 1861?
Defined by the word ‘maliciously’. Means there must be a recklessness or intention
What is the offence under s.18 OAPA 1861?
Under s.18 it is an offence to:
- Wound with the intent to do some GBH and/or
- Cause GBH with the intent to do some GBH
What is the actus reus of s.18 OAPA 1861?
Similar to the offence of s.20 and like that offence requires proof to either GBH or wounding
What is the mens rea of s.18 OAPA 1861?
D must directly intend to do some GBH or indirectly intend to do some GBH
