Non-Fatal Offences Against the Person Flashcards
The Non-Fatal Offences Against the Person:
- Wounding/ Causing GBH
- Malicious wounding/ inflicting GBH
- Assault occasioning Actual Bodily Harm (ABH)
- Battery
- Technical/ Common Assault
Key statutes for wounding or inflicting GBH:
- Offences Against the Person Act 1861
- Criminal Justice Act 1988
Actus Reus for wounding or inflicting GBH:
- Unlawfully wounding/ infliction of GBH
- Main elements: Unlawful/Wound or GBH
Wound:
Breaking both layers of skin. Moriarty v Brooks
Unlawful:
Not in Self-defence.
What counts as GBH?
Really serious harm. DPP v Smith
Who determines whether harm is ‘really serious’?
Jury. They judge defendant against ‘contemporary social standards’. Golding
What does the case of Meachen have to say about GBH?
Injuries may be regarded as really serious even if they don’t cause V great pain.
Meachen 2009
Mens Rea for Maliciously Wounding or inflicting GBH?
Maliciously means with intention or Cunningham (1957) Recklessness.
Lord Diplock’s view:
Enough that D foresaw some physical harm, albeit minor.
Direct intention:
Was Ds main aim/purpose to inflict some harm.
Oblique intention:
- Was harm virtually certain as result of Ds actions?
- Did D appreciate this was the case?
Woolin
Cunningham 1957 recklessness:
- Was D aware that there was a risk his conduct would cause some harm?
- Was risk an unreasonable one for D to take, based on circumstances known to D?
Legislation for wounding or causing GBH with intent?
Offences Against the Person Act
Four offences wounding or causing GBH creates?
- Wounding with intent to do GBH.
- Causing GBH with intent to do GBH
- Maliciously wounding with intent to prevent lawful apprehension of any person.
- Maliciously causing GBH with intent to prevent lawful apprehension of any person.
