Non-fatal violent offences Flashcards
What is the AR of assault?
D must cause V to apprehend application of immediate, unlawful physical force.
What is the MR of assault?
Intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence.
What is the AR of battery?
D applies direct unlawful force to V.
Force can be applied by an agent controlled by D e.g. dog/weapon and can also be indirect.
What is the MR of battery?
-intention to apply unlawful force to V; or
-recklessness as to the application of unlawful force to V.
What is the AR of s47 OAPA (assault occasioning ABH)?
D must commit assault/battery which causes V actual bodily harm.
ABH: any hurt or injury calculated to interfere with the health/comfort of V.
-any personal injury counts, including cutting hair.
-psychological harm - must be a recognised psychological illness.
-only really minor/transient injuries don’t count e.g. a graze/scratch.
What is the MR of assault occasioning ABH?
The MR for assault or battery (intention/recklessness for either assault or battery):
Assault - D intentionally/recklessly causes V to apprehend immediate and unlawful personal violence.
Battery - D intentionally/recklessly applies unlawful force.
What is the AR of s20 OAPA (malicious wounding/inflicting GBH)?
D must inflict (cause) a wound or GBH.
“Wound”: a complete break in the skin but breaking someone’s bone may amount to GBH.
GBH is really serious harm.
Psychiatric harm can be GBH.
What is the MR or s20 OAPA?
Either:
-intention to cause some harm; or
-recklessness as to causing some harm
Some harm - D does not have to intend a wound/GBH. Some harm can be minor.
What is the AR of s18 OAPA wounding or causing GBH with intent?
-D must cause a wound or GBH (same as s20)
What is the MR of s18 OAPA (wounding/causing GBH with intent)?
Either:
-intention to cause GBH; or
-intention to resist or prevent a lawful arrest or detention (and escape results in wound/GBH)
