Non Fatal Offences against the Person Flashcards
Non Fatal Offences against the Person
OAPA Scale 1 to 5
and the Mens Rea…
s18 Wounding or GBH with Intent (life)
intentionally casuing really serious harm
s20 Wounding or GBH without Intent (5yrs) (Wounding or really serious harm in unlawful circs’ and foresight of some harm albeit minor)
s47 Assault Occassioning ABH (5yrs)
(Assault/Battery resulting in some harm- more than trivial)
Battery (6mths)
(unlawful/unwanted touching)
Assault (6mths)
(apprehending fear of unlawful harm)
Non Fatal Offences against the Person
Battery Mens Rea and Actus Reus
V suffers unlawful personal violence (touching)- no harm or pain required
Recklessly or intentionally (D realises there’s a risk their conduct may inflict unlawful personal violence)
Non Fatal Offences against the Person
Assault Mens Rea and Actus Reus
V apprehends immediate unlawful personal violence - Ds conduct factual and legal cause
Intention or recklessness to apprehension of immediate and unlawful personla violence (subjective and can be direct or oblique)
Non Fatal Offences against the Person
Assault Occasioning ABH Mens Rea and Actus Reus
Base Offence
Assault/Battery results in ABH (some harm)
More than trivial
Psych harm counts
Intention or recklessness about whether imemdiate unlawful personal violence apprehended (same as Assault/Battery- and only needs MR for Assault/Battery- no need for MR for ABH)
Non Fatal Offences against the Person
Wounding/GBH without Intent Mens Rea and Actus Reus
Unlawful Conduct of D
V suffered wound or GBH (really serious harm)
Harm judged objectively- reasonable person.
“maliciously”- D must foresee some harm and its subjetive (Cunningham) reckless- “some harm” so MR easy to establish- no need for foresight of wound or GBH.
Non Fatal Offences against the Person
Wounding or Causing GBH with Intent Actus Reus and Mens Rea
D unlawfully by any means causes wound or GBH (inludes omissions when a DoC owed and also Psych injuries)
D intended GBH to any person (or intention to resist arrest).
