OAPA - Non Fatal offences Flashcards
What is Assault?
Where victim anticipated the defendant will use violence against them.
Least serious non-fatal offence as no touching occurs.
SUMMARY OFFENCE
What is the actus reus of assault?
Apprehend immediate and unlawful personal violence.
Apprehension -
- Words alone and silence is enough
- Defendant must do something to make victim believe they will suffer immediate and unlawful violence.
Immediate
- Not instantaneous but imminent. Cannot be that the force would be applied sometime in the future.
Unlawful
- Not done in self-defence or with victims consent
What is the mens rea of assault?
Defendant intends or is reckless causing the victim to apprehend immediate unlawful violence.
Basic intent crime so can be committed by recklessness.
What is battery?
It is the actual intended use of unlawful force to another person without consent. Includes reckless application of force. Need no injurY
SUMMARY ONLY
Actus reus of battery?
Unlawful
- Isn’t in self defence, implied consent to everyday contact.
Application
- Directly - hitting
- Indirectly - turned off lights and closed doors, battery occurred. Or by omission.
Force
- Merest of touch, touching someone’s clothes is enough
What is the mens rea of battery?
Intention, or recklesness as to applying unlawful force on another person.
What is s.47 Assault occasioning actual bodily harm?
An assault or battery that results in harm.
EITHER WAY OFFENCE
MAXIMUM SENTENCE OF 5 years
Actus reus of S.47 ABH
Assault - meaning an assault or battery
Occasioning - causation
Actual bodily harm - any harm or injury calculated to interfere with health or comfort of victim, need not be serious or permanent but must be more than trifling and transient.
Mens rea of s.47 ABH
Just the mens rea for assault or battery
What is s.20 Malicious wounding or inflicting grievous bodily harm?
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument.
EITHER WAY
MAXIMUM 5 years
Actus reus of s.20 GBH
Two offences
Malicious wounding - needs to be breaking skin - need not be severe
Maliciously inflicting grievous bodily harm - causation - NOT REQUIRE AN ASSAULT - could be psychiatric. Serious harm for the victim.
Mens rea of s.20
Intend or be reckless as to the causing of SOME HARM, extent of harm must be intended or foreseen. Enough if they foresaw some harm need not be grievous.
What is s.18?
GBH with intent
INDICTABLE ONLY
MAXIMUM IS LIFE
Mens rea of s.18
Must intend to cause harm which amounts in law to grievous bodily harm. NOT RECKLESSNESS.
Actus reus of s.18
Either wound or inflict grievous bodily harm
