Non fatals mind map

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  • Non-Fatal Offences.
    • Assault
      • Defined as: intentionally or recklessly causing the victim to fear immediate or unlawful harm.
      • The actus reus of assault must have the three following elements:
        • 1. Causing the victim to apprehend violence.
        • 2. Immediate violence.
        • 3. Unlawful violence.
      • Logdon - the victim had a gun pointed at her. She fear unlawful force but it was only a toy gun, he just wanted to scare her
      • Smith v Chief Constable of Woking Police Station there were no words just actions but the victim felt threatened by him sat staring into her window.
      • Ireland - making silent telephone calls can cause psychiatric harm, and therefore is assault.
      • s.39of the Criminal Justice Act 1988
    • Battery
      • Defined as: the unlawful application of force to another.
      • Thomas - caretaker touching a 12 year old girls skirt - touching clothes can be battery.
      • Haystead - punched girlfriend who dropped baby. Indirect force is sufficient enough for battery.
      • Venna - This is the mens rea of battery. It still allows recklessness to be in the means rea for battery.
      • s. 39 of the Criminla Justice Act 1988
    • ABH
      • s. 47 of the Offences Against the Person Act 1861
      • The actus reus has three elements:
        • Assault
        • Occassioning
        • Actual bodily harm
      • Chan-Fook: this case defines ABH as physical harm or psychiatric harm.
      • Smith - hair can be included in ABH.
      • Roberts - the def had the mens rea to cause an injury as well as actus reus.
        • Mens rea is defined as the intention or recklessness as to an assault or battery.
      • Savage - This case helps to define mens rea as maliciously - but it must have intention or recklessness too.
    • GBH wounding with intent
      • s. 20 of the Offences Against the Persons Act 1861.
      • The actus reus has three elements again that are nedded
        • Wounding
        • Grievous Bodily Harm.
        • Unlawful
      • JCC v Eisenhower - this case tells us that a wound needs to break two layers of skin to classed as a wound.
      • Brown and Stratton - this case defines a collection of minor injuries to amount to GBH.
      • The mens rea is set out as maliciously but with intention and/or recklessness.
    • GBH
      • s. 18 of the Offences Against the Persons Act 1861.
      • Belfon - this case decided that if there is to be conviction, the def must have had the specific intent to do GBH or resist arrest.
      • The actus reus is wounding or inflicting GBH.
      • The mens rea is specific ntent to wound or cause GBH or resist arrest.

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