Non Fatal Offences
- Created by: holly_marshall
- Created on: 11-02-16 11:15
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- Non-fatal offences
- Assault
- The intentional or reckless causing of an apprehension of immediate unlawful personal violence - Fagan
- Actus Reus
- Causing the V to apprehend (Logdon)
- Actions alone are sufficient (Smith V Woking Police Station)
- Immediate does not mean instantaneous (Smith V Woking Police Station)
- Words alone are sufficient (Burstow)
- Doing nothing is sufficient (Ireland)
- Mens Rea
- Intentionally or recklessly causing the V to apprehend - Savage
- Battery
- Intentionally or recklessly applying unlawful force on another - Ireland
- Actus Reus
- The unlawful force can be the slightest of touches (Collins V Wilcock)
- Touching a person's clothing can be sufficient (Thomas)
- The unlawful force can be indirect (Haystead)
- Mens Rea
- Intention to apply force to another or reckless as to whether such force is applied - Venna
- Actual Bodily Harm
- An assault or battery which occasions ABH - S47 OAPA
- Occassioning means causing
- ABH consists of either assault or battery
- ABH is "any hurt or injury that interferes with the health or comfort of the V" - Miller
- Actus Reus
- ABH can include a momentary loss of consciousness (T V DPP)
- Psychiatric harm is sufficient (Chan-Fook)
- Actus Reus
- Mens Rea is the same as assault/battery, no additional mens rea is required - Savage
- ABH is "any hurt or injury that interferes with the health or comfort of the V" - Miller
- An assault or battery which occasions ABH - S47 OAPA
- Section 20
- Wounding or causing GBH - S20 OAPA
- Wound: a cut or break in the continuity of the whole skin - JCC V Eisenhower
- GBH: really serious harm - DPP V Smith
- Actus Reus
- Lots of smaller injuries taken together can be GBH
- A disease can be sufficient for GBH - Dica
- Actus Reus
- GBH: really serious harm - DPP V Smith
- Wound: a cut or break in the continuity of the whole skin - JCC V Eisenhower
- Mens Rea
- Cause another person some harm or be reckless as to whether they suffer some harm - Mowatt
- Wounding or causing GBH - S20 OAPA
- Section 18
- Actus reus is exactly the same as section 20
- Mens rea is intention to cause GBH/really serious harm
- Wounding or causing GBH with intention - S18 OAPA
- Actus reus is exactly the same as section 20
- Assault
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