Non-fatal offences against the person Flashcards
Assault - actus reus
An act which causes the victim to apprehend immediate, unlawful force
Assault - mens rea
Intention or recklessness
Battery - mens rea
Intention or recklessness
Battery - actus reus
Applying unlawful force to another
s47 Assault occasioning ABH - actus reus
An assault or battery, which leads to bodily harm which is “more than transient or trifling”
s47 Assault occasioning ABH - mens rea
Intention or recklessness about committing an assault or battery (not about causing harm)
s20 Assault occasioning GBH - actus reus
An assault or battery which leads to “really serious” harm
s20 Assault occasioning GBH - mens rea
Intention or recklessness about causing SOME HARM (not about causing grievous bodily harm)
s18 Wounding or causing GBH with intent - actus reus
An act which wounds or causes really serious harm to a person
s18 Wounding or causing GBH with intent - mens rea
(1) Intention to cause GBH
(2) Intention to resist arrest
Maximum sentence for s18 OAPA offence
Life imprisonment
Maximum sentence for common law assault or battery
Six months’ imprisonment and/or fine of £5000
Maximum sentence for s47 ABH or s20 GBH
Five years’ imprisonment
Case that shows that a battery can be committed by an indirect act
DPP v K (1990) (boy puts acid into hot-air dryer in toilets, leading to another pupil being sprayed with acid - this is applying unlawful force indirectly)
Force can be “lawful”, and hence not a battery, when…
(1) It is in self-defence or trying to evade someone
(2) There is consent
(3) It’s an ordinary gesture like shaking hands