Unit 2 - Assaults Flashcards
s. 18 OAPA Actus Reus
Wounding/Inflicting GBH
s. 18 OAPA Mens Rea
Intent to cause GBH or intent/recklessness to cause ABH and intent to prevent/resist arrest
s. 20 OAPA Actus Reus
Wounding/Inflicting GBH
s. 47 OAPA Actus Reus
Assault occasioning ABH
Battery/Physical Assault Actus Reus
Infliction of unlawful personal force
Assault/Simple Assault Actus Reus
Causing the apprehension of immediate unlawful personal force
s. 20 OAPA Mens Rea
Intent/recklessness as to causing ABH
s. 47 OAPA Mens Rea
Intent/recklessness as to simple assault
Battery/Physical Assault Mens Rea
Intent/recklessness as to inflicting unlawful personal force
Assault/Simple Assault Mens Rea
Intent/recklessness as to the victim apprehending immediate unlawful personal force
Defence of Consent
Only applies to simple assault & battery, or in certain situations such as sport, surgery, circus shows.
Defence of Intoxication
Only applies to crimes of specific intent (s. 18 OAPA in this instance)
Self Defence
- Did the defendant honestly believe force was necessary in the circumstances?
- Did the defendant honestly believe the level of force was necessary in the circumstances?