Non Fatal Offences 2

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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
      • Mens Rea
        • Intention to apply unlawful force on another person
          • OR
            • Recklessness as to application of unlawful force on another person
        • Recklessness as to application of 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

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