Non-Fatals Flashcards
what is a non-fatal offence?
where someone is hurt but does not die
what is assault governed under?
Criminal Justice Act 1988
what is the actus reus of assault?
‘cause the victim to apprehend immediate and unlawful personal violence’
what is the mens rea of assault?
‘intent or recklessness to cause fear’
what 3 case examples can be used for assault?
London - D showed V a fake gun, V thought it was real so was scared. Guilty
Tuberville - ‘if it were not asize time’, no threat so no assault.
Misalati - D spat in front of V, V feared immediate violence so D guilty.
what is battery governed under?
Criminal Justice Act 1988
what is the actus reus of battery?
‘any application of unlawful force’
what is the mens rea of battery?
‘intention or subjective recklessness to apply that force’
what are 3 case examples that can be used for battery?
Thomas - D was a caretaker who touched girls skirts. Guilty of an indirect battery.
Collins v Wilcock - Police officer grabbed V arm, she scratched him while breaking loose. Police officer guilty as she acted in self defence.
Haystead - V and her baby were pushed. Guilty.
what is S47 ABH governed under?
S47 Offences Against the Person Act 1861
what is the actus reus of ABH?
‘assault or battery that results in any hurt or injury’
what is the mens rea for ABH?
‘intention or subjective recklessness for the original assault or battery’
what are 3 case examples for ABH?
DPPvK - D stole acid from science lesson and put it in a hand dryer. Sprayed on V when it was used. Guilty.
Constanza - V recieved 800 letters, 3 were threatening. Affected mental health. Guilty.
Smith - D cut off V’s ponytail. Guilty
what is GBH and wounding governed under?
S18 and S20 of The Offences Against the Person Act 1861
what does ‘wounding’ mean?
must break all layers of skin
