Non-fatal offences and defences

Question 1

Assault

Answer 1

ASSAULT- ACTUS REUS
* CAUSING THE VICTIM TO APPREGEND IMMEDIATE AND UNLAWFUL PERSONAL VIOLENCE.
o APPREHENSION
o IMMEDIATE
o UNLAWFUL
o PERSONAL VIOLENCE

ASSAULT- MENS REA
* INTENTIONALLY OR RECKLESSLY CAUSING THE VICTIM TO APPREGEND IMMEDIATE AND UNLAWFUL PERSONAL VIOLENCE.

Question 1

hierarchy of non-fatal offences

Answer 1

• Wounding or GBH with intent (s18 OAPA).
• Wounding or GBH (s20 OAPA).
• Assault occasioning ABH (s47 OAPA).
• Battery.
• Assault.

Question 2

Battery

Answer 2

BATTERY- ACTUS REUS
* APPLICATION OF UNLAWFUL FORCE
o APPLICATION
o UNLAWFUL
o FORCE

BATTERY- MENS REA
* INTENTIONALLY OR RECKLESSLY APPLIS UNLAWFUL FORCE.

Question 3

ABH s47

Answer 3

whosoever shall be convicted on indictment of any assault occasioning actual bodily harm shall be liable…to be imprisoned for any term not exceeding five years.’

ASSAULT OCCASIONING ABH- ACTUS REUS
* ASSAULT
* OCCASIONING
* ACTUAL BODILY HARM

ASSAULT OCCASIONING ABH- MENS REA
* MENS REA FOR ASSAULT OR BATTERY
* INTENTION OR RECKLESSNESS AS TO:
o CAUSING V TO APPREGEND IMMEDIATE AND UNLAWFUL PERSONAL VIOLENCE.
o APPLYING UNLAWFUL FORCE UPON ANOTHER.

Question 4

GBH s20

Answer 4

• OPA 1861, s20 provides:
  o ‘Whosoever shall act unlawfully and maliciously wound or inflict any GBH upon any other person, either with or without any weapon or instrument, shall be guilty of an offence.’
• S20 creates two offences:
  o Malicious wounding
  o Maliciously inflicting GBH

S20 GBH- ACTUS REUS
* WOUND, OR
* INFLICTION OF GBH.

S20 GBH- MENS REA
* D MUST INTEND OR BE RECKLESS AS TO THE CAUSING OF SOME HARM.

Question 5

GBH with intent s18

Answer 5

whosoever shall unlawfully and maliciously by any means whatsoever wound or cause GBH to any person, with intent…to do some GBH to aby person…shall be guilty of an offence.’
* Two offences:
o Malicious wounding with the intent to cause GBH
o Maliciously inflicting GBH with intent to cause GBH.
* AR for s18 and s20 is identical, distinction is MR- s20 can be satisfied by proof of recklessness, s18 may only be committed with an intention.

S18 GBH- ACTUS REUS
* WOUND, OR
* CAUSING GBH.

S18 GBH- MENS REA
* D MUST INTEND TO CAUSE GBH.
* [D MUST INTEND TO RESIST OR PREVENT LAWFUL ARREST.]

Question 6

Defences (non-fatal offences)

Answer 6

Specific Intent
Basic intent

Question 7

Specific intent offences

Answer 7

Means that intention is the only form of mens rea available

o Murder
o S18 OAPA
o Theft
o Robbery
o S9(1)(a) burglary
o S9(1)(b) burglary where D has fulfilled the ulterior offence by:
 Stealing
 Attempting to steal/cause GBH.
o Attempts

Question 8

Basic intent offences

Answer 8

o Unlawful act manslaughter
o Gross negligence manslaughter
o S20 OAPA
o Assault occasioning ABH
o Battery
o Assault
o Basic and aggravated criminal damage
o Burglary under s9(1)(b) where D has fulfilled the ulterior offence by causing GBH.

Question 9

Defences

Answer 9

• self-defence
• loss of control and diminished responsibility
• consent and exceptions
• statutory beliefs

Question 10

Intoxication

Answer 10

• general defence and available to almost all crimes
• 2 forms
• a way to negate the mens rea of an offence
  i.e. spiking (involuntary intoxication), for medical treatment, non-dangerous drugs (not illegal or alcohol) , crimes requiring specific intent
  Evidential burden on D to raise the issue of intoxication and then the prosecution needs to prove beyond reasonable doubt that D forms the necessary mens rea

Qs.
* Is the defendant voluntarily intoxicated or involuntarily intoxicated?
* Is the intoxicant a dangerous alcohol/drug or a non-dangerous drug?
* Is it a crime of basic intent or specific intent?

• influencing factor on another legal principle/defence

Question 11

Consent

Answer 11

2 elements

• the victim consented and
• D believed that V consented

Pros proves both elements and if D wrongly believed V consented defence could be available

BUT

• Whether the defence of consent is available will depend on the level of harm inflicted on the victim and the circumstance in which the harm was inflicted.

*only for battery and assault (includes ABH) provided D….
o Intended only to commit a battery with the consent of the victim, and
o Did not see the risk of inflicting ABH.
o If however, the defendant intended to cause ABH, then consent is not available as a defence, even if the victim consented (unless the conduct falls into one of the exceptions which follow).

Question 11

What are exceptions to consent and how are the decided?

Answer 11

• V can consent to offences against person of ABH and above if the situation falls under one of the public interest exceptions:
  o Medical treatment
  o Sport
  o Horseplay
  o Tattooing, body piercing and personal adornment (not body modification)
  o Sexual gratification/accidental infliction of harm

[lawful correction of a child - bit tricky]

Question 12

Self-defence

Answer 12

Where a person acts to…
* Protect themselves.
* Protect someone else.
* Protect property.
* Prevent a crime.
* Assist in the arrest of an offender.

Question 13

Self-defence test

Answer 13

o The defendant honestly believed that the use of force was necessary, and
o The level of force the defendant used in response was objectively reasonable in the circumstances as the defendant believed them to be.