Unit 2A LAW

Definition of assault: An assault is committed where the def intentionally or recklessly causes the victim to apprehend immediate lawful personal violence. Case- Fagan

Actus reus: - The victim must apprehend. Case: Logdon

                   - Immediate. Case: Constanza

                   - Unlawful

                   - Personal violence

Mens rea: Intention or recklessness

Intention to cause the victim to apprehend immediate unlawful violence or being reckless as to whether such apprehension is caused.

Definition of battery: Unlawful application of force by the defendant upon the victim. Case: Ireland

Actus reus: - Application. Case: DPP v K (a minor)

                     - Unlawful

                     - Physical force

Mens rea: Intention or recklessness

- Intention to apply unlawful physical force

- Being reckless as to whether such force is applied

Subjective recklessness: case: Parmenter

- ABH comes under s.47 offences against the person act 1861 (OAPA).

- Is an either way offence with a max of 5 years imprisonment.

Actus reus: - Assault or battery

                   - Which causes

                   - Actual bodily harm. Case: Miller

ABH includes psychiatric injury. Case: Chan Fook

Mens rea: Intention or recklessness

- There is no reuirement that the defendant intended or was reckless as to the injury inflicted:

Key case: Roberts

GBH comes under s.20 Offences Against The Person Act 1861 (OAPA).

- S.20 GBH is an either way offence with a max 5 years imprisonment.

Wounding comes under S.20 Offences Against The Person Act 1861 (OAPA).

- S.20 wounding is an either way offence that has a max 5 years imprisonment.

- For an injury to be classed as being a wound it must bleed and pierce two layers of skin.

Actus reus: - Unlawfully

                     - Wound

                     - Or inflict GBH. Case: Martin

                     - Or another person

Wounding:

Internal bleeding isn't classed as wounding. Case: Eisenhower 

Grevious Bodily Harm:

Means really serious harm. Case: Smith

Mens rea: Intention or recklessness

The def must have the intention to cause some harm to the victim, there is no need to establish if they intended or recklessly caused the victim serious harm. Case: Savage

- Subjective recklessness applies (the def must forsee the risk of causing some harm to the victim).

Actus reus: - Unlawfully

                     - Wound or cause GBH

                     - On any person

Mens rea: Intention to cause GBH or Wounding