Non Fatal Offences 2
- Created by: Alex.Byrne
- Created on: 25-05-18 13:31
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- Non Fatal Offences 2
- Mens Rea of Assault
- Intention of recklessness
- Battery
- Any touching of another person may amount to battery- there is no minimum threshold of force required
- Exceptions:
- 2. Where V consents to D's touching
- 1. Where D has lawful authority to touch V
- Definitions:
- The least touching of someone in anger
- "The actual intended use of unlawful force to another person without his consent"
- Court added: "or any other lawful excuse"
- Actus Reus
- Force inflicted must be unlawful
- Consent will prevent the force being 'unlawful'
- Force used in self defence prevents it being 'unlawful'
- The infliction of force
- Force inflicted must be unlawful
- Mens Rea
- Intention to apply unlawful force on another person
- OR
- Recklessness as to application of unlawful force on another person
- OR
- Recklessness as to application of unlawful force on another person
- Intention to apply unlawful force on another person
- ABH
- Actual bodily harm
- Assault must have occasioned the ABH
- An assault or battery
- Offences Against the Person Act 1861
- Either a wounding or an infliction of GBH
- GBH: e.g. broken or displaced limbs or bones, injuries causing substantial loss of blood, injuries resulting in length incapacity or permanent disability
- Section 20
- Wounding/ infliction of GBH must have been done maliciously
- GBH: e.g. broken or displaced limbs or bones, injuries causing substantial loss of blood, injuries resulting in length incapacity or permanent disability
- Malice:
- D either intended to do some harm or..
- D was reckless as to whether some harm would be done
- Does not require any ill-will
- D may be liable for inflicting GBH even though he was not aware of any risk that GBH might result from his actions
- Wounding/ infliction of GBH must have been done unlawfully
- Unlawfully:
- Self-defence will prevent infliction of wound/ GBH being unlawful
- Consent will prevent infliction of wound/ GBH being unlawful
- Unlawfully:
- Either a wounding or an infliction of GBH
- Mens Rea of Assault
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