Non-fatal offences against the person Flashcards
Define assault.
Any act by which a person intentionally or recklessly causes another to suffer or apprehend imminent unlawful violence.
What section of what act does assault come under?
Section 39 of the Criminal Justice Act 1988.
What are the charges for assault?
Up to six months imprisonment.
What do the joint charging standards look for in cases of assault?
Mild psychiatric damage, but no physical injury.
What is the actus reus of assault?
Causing the victim to apprehend immediate unlawful violence.
Define “causing” in relation to ‘causing the victim to apprehend immediate unlawful violence’.
Words, actions, or silence.
What is the mens rea of assault?
Intentionally or recklessly causing the actus reus.
Name four cases that can be used for the actus reus of assault.
Read v Coker,
Ireland,
Contanza,
and Ramos.
Name two cases that can be used for the mens rea of assault.
Mohan and Cunningham.
Define battery.
Unlawful contact with the victim.
What section of what act does battery come under?
Section 39 of the Criminal Justice Act 1988.
What are the charges for battery?
Up to six months imprisonment.
What do the joint charging standards look for in battery cases?
Reddening of the skin, bruising, and superficial scratches.
What is the actus reus of battery?
Application of unlawful force on the victim (any touching is sufficient even clothing).
What is the mens rea of battery?
Intentionally or recklessly causing the actus reus.
Name four cases that can be used for the actus reus of battery.
Thomas,
Collins v Willcock,
Haystead,
and DPP v K
Name two cases that can be used for the mens rea of battery.
Mohan and Cunningham.
Define ABH.
When a person intentionally or recklessly assaults another, occasioning actual bodily harm.
What section of what act does ABH come under?
Section 47 of the Offences Against the Person Act 1861.
What are the charges for ABH?
Up to five years imprisonment.
What do the joint charging standards look for in cases of ABH?
Broken bones, internal injuries, and psychiatric damage.
What is the actus reus of ABH?
An assault or battery occasioning actual bodily harm.
Name four cases that can be used for the actus reus of ABH.
Miller,
Chan-fook,
Ireland,
and Burstow.
What is the mens rea of ABH?
The mens rea for the original assault or battery.
Define malicious wounding.
Breaking both layers of skin.
Name one case that can be used for malicious wounding.
Eisenhower.
Define GBH.
Serious physical or psychiatric injury.
What are the consequences of wounding and GBH?
Wounding = breaking both layers of skin.
GBH = serious injury
What section of what act does wounding and GBH come under?
Section 20 of the Offences Against the Person Act 1861.
What is the actus reus of wounding?
Breaking both layers of skin.
What is the actus reus of GBH?
Serious physical or psychiatric injury, or the transmission of disease.
What is the mens rea for wounding?
Intentionally or recklessly causing some harm.
What is the mens rea for GBH?
Intention to cause serious harm only. Direct or oblique intention.
Name six cases that can be used for the actus reas of wounding and GBH.
Eisenhower,
Ireland,
Burstow,
Dica,
and Konzani.
Name three cases that can be used for the mens rea of wounding and GBH.
Mowatt,
Nedrick,
and Woolin.
