Non-Fatal Offences Against the Person

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  • Non-Fatal Offences
    • Assault
      • Actus Reus
        • There must be an act
          • R v Constanza - words = assault
          • R v Ireland - silence = assault
          • Tuberville v Savage - Words can prevent assault
        • An act in which makes the victim fear immediate and unlawful force
          • Smith v Chief, Woking Police Station - Immediate
      • Mens Rea
        • The intention or subjective recklessness as to causing the victim to fear immediate and unlawful force
          • Logdon - Recklessness as to cause fear
      • Max sentence = 6 months
    • Battery
      • Actus Reus
        • The application of unlawful force on V.
          • Faulkner v Talbot - Mere touch can be sufficient
          • Collins v Willcock - Exigencies of everyday life
        • Direct application of unlawful force
          • Thomas - Touching clothes can constitute battery
        • Indirect application of force
          • DPP v Khan
      • Mens Rea
        • Intention or subjective recklessness as to the application of unlawful force
      • Max sentence = 6 months
    • S.47
      • Actus Reus
        • AR of assault or battery
        • ABH - not so trivial as to be insignificant
          • R v Chan-Fook
          • T v DPP - Loss of consciousness
          • Smith - Includes all body parts and hair
          • R v D - psychiatric harm
      • Mens Rea
        • MR of assault or battery
        • D does not have to intend or foresee the ABH
          • R v Roberts
          • R v Savage
      • Max sentence = 5 years
    • S.20
      • Actus Reus
        • Inflicting a wound or GBH
          • Direct, indirect or no force of application of violent force
            • Martin - Indirect violent force
            • R v Burstow - Psychiatric harm can amount to GBH
        • GBH - serious harm
          • Saunders - Serious harm
          • R v Brown and Stratton - Multiple injuries
          • R v Bollom - Victims characteristic
          • R v Burstow - psychiatric harm
          • R v Dica - Biological harm
        • Wounding needs to break the epidermis
          • C v Eisenhower
      • Mens Rea
        • Intention or subjective recklessness as to causing some harm
          • R v Mowatt - foreseen some physical harm
      • Max sentence = 5 years
    • S.18
      • Actus Reus
        • To cause unlawful wounding or cause GBH
      • Mens Rea
        • Specific intent as to the GBH
          • Belfon - risk was foreseen but intent could not be proven
          • R v Taylor - Intention to wound was not sufficient.
        • Resisiting arrest - MR requirement is lower
          • Morrison
      • Max sentence = life

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