Non - Fatals Flashcards
What are the five non fatal offences?
Assault
Battery
ABH
s20 GBH
s18 GBH
What section of what Act defines assault?
s39 of the Criminal Justice Act 1988.
What is the definition of assault?
D intentionally or recklessly causes V to apprehend immediate & unlawful violence.
What category of offence is assault and what is its maximum sentence for a first time offence?
Summary; 6 months.
What is the actus reus and mens rea of assault?
AR: apprehend immediate and unlawful violence.
MR: intentionally or recklessly.
Give an example of a case that proves words can amount to an assault.
Constanza (1997)
Court of Appeal held that letters could be held as assault.
OR
Ireland (1997)
Silent phone calls can be held as assault (depending on context).
When being assaulted, V must apprehend immediate, unlawful violence. Describe one assault case where D was found not guilty due to lack of actus reus.
Lamb (1967)
Pointing an unloaded gun at someone who knows it is unloaded cannot be assault as there can be no apprehension of violence.
Name one case where words attempt to negate an assault.
Tuberville (1669)
D told V: ‘if it were not assize time, I would not take such language from you’ - found not guilty, as assize time lasted too long for assault to be immediate
OR
Light (1857)
D told V: ‘were it not for that bloody policeman outside, I would split your head open’ while grabbing his sword - found guilty, as the policeman could have left, fulfilling the threat.
What section of which act defines ABH?
s47 Offences Against the Person Act 1861.
What category offence is ABH and what is the maximum sentence for a first time offence?
Triable either way; 5 years.
What is the technical term for ABH?
Assault occasioning actual bodily harm.
What two crimes that if done to a large extent can cause ABH?
Assault and battery.
What is actual bodily harm defined as under Miller?
‘any hurt or injury calculated to interfere with the victim’s health or comfort’.
Actual bodily harm can be physical; what other ways can ABH apply to a victim and what cases apply to them?
Biological; Dica (2004)
Mental; Ireland (1997)
What is the mens rea for ABH, and what case established this?
Only need to prove MR for assault or battery (intentional or recklessness), under Roberts.
What act defines s20 GBH?
Offences Against the Person Act 1861.
What is the definition of s20 GBH?
D maliciously wounds or inflicts grievous bodily harm.
What is the actus reus and mens rea for s20 GBH?
AR: Wounding or inflicting GBH.
MR: Maliciously - d intends or foresees risk of some harm.
What category of offence of s20 GBH and what is its maximum sentence?
Indictable; 5 years.
What is a wound and what case is this defined by?
A break in the continuity of the skin; Eisenhower (1983).
What is grievous bodily harm and what case defines this?
Serious, yet not necessarily life threatening harm; Saunders (1985).
Grievous bodily harm can be physical; what other ways can GBH apply to a victim and what cases apply to them?
Biological; Dica (2004)
Mental; Burstow (1997)
