Non Fatal Offences Against the Person Flashcards
What act is assault and battery defined by?
s.9 Criminal Justice Act 1988
What is the actus reus of assault and battery?
An assault requires some act or words e.g. a silent telephone call, 800 letters.
A battery is the application of unlawful force to another person.
What act is ABH and GBH under and what are the different sections?
Under the Offences Against the Persons Act
.s.47 is Actual Bodily Harm
.s.20 and s.18 is Grievous Bodily Harm
What is the mens rea of the offences?
The mens rea requirement is that the defendant had intention or recklessness, but s.18 GBH requires intention
What case does recklessness come from?
Cunningham (1957)
D tore a gas meter from the wall, which caused gas to seep into the house next door where someone was sleeping. He was not guilty of an offence against s.23 Offences against the Person Act 1861 of maliciously administering a noxious thing, as he did not realise the risk.
