Non Fatal Offences

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  • Non-fatal offences
    • Assault
      • The intentional or reckless causing of an apprehension of immediate unlawful personal violence - Fagan
      • Actus Reus
        • Causing the V to apprehend (Logdon)
        • Actions alone are sufficient (Smith V Woking Police Station)
          • Immediate does not mean instantaneous (Smith V Woking Police Station)
        • Words alone are sufficient (Burstow)
        • Doing nothing is sufficient (Ireland)
      • Mens Rea
        • Intentionally or recklessly causing the V to apprehend - Savage
    • Battery
      • Intentionally or recklessly applying unlawful force on another - Ireland
      • Actus Reus
        • The unlawful force can be the slightest of touches (Collins V Wilcock)
        • Touching a person's clothing can be sufficient (Thomas)
        • The unlawful force can be indirect (Haystead)
      • Mens Rea
        • Intention to apply force to another or reckless as to whether such force is applied - Venna
    • Actual Bodily Harm
      • An assault or battery which occasions ABH - S47 OAPA
        • Occassioning means causing
      • ABH consists of either assault or battery
        • ABH is "any hurt or injury that interferes with the health or comfort of the V" - Miller
          • Actus Reus
            • ABH can include a momentary loss of consciousness (T V DPP)
            • Psychiatric harm is sufficient (Chan-Fook)
        • Mens Rea is the same as assault/battery, no additional mens rea is required - Savage
    • Section 20
      • Wounding or causing GBH - S20 OAPA
        • Wound: a cut or break in the continuity of the whole skin - JCC V Eisenhower
          • GBH: really serious harm - DPP V Smith
            • Actus Reus
              • Lots of smaller injuries taken together can be GBH
              • A disease can be sufficient for GBH - Dica
      • Mens Rea
        • Cause another person some harm or be reckless as to whether they suffer some harm - Mowatt
    • Section 18
      • Actus reus is exactly the same as section 20
        • Mens rea is intention to cause GBH/really serious harm
      • Wounding or causing GBH with intention - S18 OAPA

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