Non Fatal Offenxes Agains The Person Flashcards
What type of offence is assault?
Summary offence (max 6 months/£5000 fine) needing basic intent (Direct intent or recklessness)
Charged under s39 of the Criminal Justice Act 1998
What is required to constitute an assault?
An act causing the victim to apprehend the infliction of immediate, unlawful force
Defined by Fagan v MPC
What are the components of the actus reus for assault?
- An act
- Apprehend
- Immediate
- Unlawful force
Can words alone constitute an assault?
Yes, as established in R v Constanza
Silence can also constitute an assault (R v Ireland)
What does ‘immediate’ mean in the context of assault?
Imminent/in the near future, not necessarily instantaneous
Smith v Chief Supt Woking Police Stn
What is the mens rea required for assault?
Intention to cause the victim to apprehend immediate unlawful force or recklessness as to whether such apprehension is caused
Confirmed in Savage
What constitutes battery?
Applying unlawful force onto another with intention or recklessness
Charged under s39 of the Criminal Justice Act 1998
What is the actus reus for battery?
- Application
- Unlawful force
Can battery occur through an indirect act?
Yes, as seen in R v Martin, DPP v Haystead, DPP v K
What is the level of force required for battery?
Minimal; no harm must be proven
Collins v Wilcock
What is the mens rea for battery?
Intention or recklessness to apply unlawful force
Confirmed in Venna
What does ABH stand for?
Actual Bodily Harm
What is the maximum sentence for ABH?
5 years
Triable either way offence
What must be established for the actus reus of ABH?
- Assault or battery
- Occasioning
- ABH
What does ‘occasioning’ mean in the context of ABH?
Establishing causation between initial assault/battery and the ABH suffered by the victim
What did Chang Fook determine about actual bodily harm?
Injury should not be so trivial as to be wholly insignificant and can include psychiatric injury
Must be an identifiable clinical condition
What constitutes grievous bodily harm (GBH)?
Unlawfully and maliciously wound or inflict any GBH
Defined under s.18/s.20 Offences Against the Persons Act 1861
What is the definition of GBH according to DPP v Smith?
Really serious harm
What is required for the actus reus of GBH?
- Unlawfully and maliciously
- Wound or
- Inflict any GBH
What is the mens rea for s.20 GBH?
Intention or recklessness to cause some harm
R v Mowatt
What is the mens rea for s.18 GBH?
Intention to cause serious harm or intention to resist arrest
True or False: A broken bone is considered a wound only if the skin is also broken.
True
JCC v Eisenhower
Fill in the blank: The actus reus of battery is ‘the actual infliction of _______’.
unlawful force
