Non Fatal offences against the person Flashcards
Assault
there is no touching, only the fear of unlawful force (require some words or act)
Max sentence for assault
6 months, now Magistrates can give 12 months
Battery
the application of unlawful force to another person (can’t be injury causing)
‘Apprehend immediate unlawful force’
the victim needs to think that the threat of force is real and possible
Fear of ‘immediate’ assault
doesn’t mean right now, but that is it imminent or possible shortly
Lawful force
- if the victim gives consent
- in use of self defence
- prevention of crime
lawful force needs to be ‘proportional’
The Children Act 2004
battery committed on a child is unlawful if it results in any injury
Mens rea of assault
the intention to cause fear of unlawful personal violence or recklessness causing fear
for recklessness to be proved, the defendant must realise the risk of his acts/words
Indirect act
defendent causes force to be applied even though he hasn’t directly applied it himself e.g. setting a booby trap
Common assault
battery and assault at the same time
OAPA 1861
ABH is the lowest level of injury under s.47
must be done with intention of subjecting the victim to unlawful force (includes psychological damage)
Psychiatric injury
classed as ABH doesn’t include emotions like fear, distress or panic (sustained long term problem)
Mens rea of s.47
intention to cause unlawful force
Correspondence principle
the outcome/consequence must reflect the intention
Max sentence for ABH/GBH
5 yrs
