Non-Fatal Offences Against the Person
- Created by: Izzi Lloyd
- Created on: 04-12-17 13:07
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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
- There must be an act
- Mens Rea
- The intention or subjective recklessness as to causing the victim to fear immediate and unlawful force
- Logdon - Recklessness as to cause fear
- The intention or subjective recklessness as to causing the victim to fear immediate and unlawful force
- Max sentence = 6 months
- Actus Reus
- 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
- The application of unlawful force on V.
- Mens Rea
- Intention or subjective recklessness as to the application of unlawful force
- Max sentence = 6 months
- Actus Reus
- 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
- Actus Reus
- 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
- Direct, indirect or no force of application of violent force
- 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
- Inflicting a wound or GBH
- Mens Rea
- Intention or subjective recklessness as to causing some harm
- R v Mowatt - foreseen some physical harm
- Intention or subjective recklessness as to causing some harm
- Max sentence = 5 years
- Actus Reus
- 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
- Specific intent as to the GBH
- Max sentence = life
- Actus Reus
- Assault
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