Offences Against the Person (1861) Flashcards
Where do you find the Offences Against the Person?
Offences Against the Person Act (1861).
What are the 5 offences?
- Assault
- Battery
- Assault Occasioning Actual Bodily Harm
- Grevious Bodily Harm or Wounding.
- Grevious Bodily Harm or wounding with Intent.
What is the offence of assault under?
In S39 of the Criminal Justice Act (1998).
What is the actus reus of assault?
Where D does an act that causes the V to apprehend the infliction of immediate, unlawful violence.
Case to show the actus Reus of assault?
Collins v Wilcock (1984)
What was held in Collins v Wilcock (1984)
It was a case of battery but the court confirmed the actus Reus of assault, ‘an assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person”.
What is the meaning of an Act?
That crime cannot be committed by an omission. A physical action must be undertaken by the defendant for the actus reus to be proved. Broad term that covers verbal and non-verbal actions.
What is the meaning of apprehension?
It is an expectation. What turns an act into assault. Performance of act alone does not establish assault, only if there is an expectation of force for the victim, further the mens rea requires that D intended or was reckless as to casing the apprehension.
What does immediacy in law mean?
V anticipates force is going to be used against them in a very short time frame. Courts liberal in their interpretation of this. Even though the force may not be used at that exact moment, there still maybe an assault even if D would have to take further steps before they could execute any kind of threat.
What is the mens rea of assault?
Intention or recklessness to cause the victim to apprehend immediate unlawful force.
Examples of assault?
- A verbal threat
- A gesture
- A threat of force
- Chasing another
- An intimidating glare
- Prank phone calls e.g. silent phone calls
- Throwing an item/spitting at someone but missing
What is the maximum sentence for assault?
6 months.
Where is the offence of battery found?
Section 39 of the Criminal Justice Act 1988.
What is the actus reus of battery?
Infliction of unlawful force on another person.
What is the mens rea of battery?
Intention or recklessness to apply unlawful force to another.
What is the maximum sentence for battery?
6 months.
Where is assault occasioning actual bodily harm found?
s47 Offences against the Persons Act 1981.
What is the actus reus of assault occasioning actual bodily harm?
D commits assault or battery occasioning actual bodily harm.
What is the mens rea of assault occasioning actual bodily harm?
D has intention or recklessness to the initial assault or battery.
What is the maximum sentence of assault occasioning actual bodily harm?
5 years.
Where is grievous bodily harm or wounding found?
s20 of the Offences against the Persons Act 1861.
What is the actus reus of grievous bodily harm or wounding?
D unlawfully and maliciously wounding or inflicting grievous bodily harm on another
What is the mens rea of grievous bodily harm or wounding?
D intends or is reckless as to some harm to another.
What is the maximum sentence of grievous bodily harm or wounding?
5 years.
