non fatal offences

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  • Non Fatal offences
    • common assault
      • actus reus = were d causes v to apprehend immediate application of unlawful force
        • e.g through threats
          • R v Ireland
          • Smith
          • words
            • Turbill v Savage
      • mens rea = intends or is subjectively reckless of possible infliction of harm
    • common law battery
      • actus reus =  d applies force BUT can happen without assault
        • any unlawful physical contact will amount to battery
          • established in R v Thomas
        • force may be applied indirectly
          • R v Martin
        • application of force should be hostile
          • Wilson v Pringle
      • CPS example of battery
        • grazing and      scratches
        • swellings and minor brusing
        • redness of skin and black eyes
      • mens rea= intend or is subjectively reckless as to application of force
    • s47 ABH
      • Actus Reus = same as common law assault and/or battery
        • stated in Miller abh inc hurt or serious injury that interferes with health and comfort of the victim
        • r v chan fook states injury need not be permanent but should not be so trivial as to be wholly significant
          • e.g cutting someones hair may constitute as abh i.e DPP v smith
      • CPS examples inc.
        • minor fractures and cuts
        • extensive/ multiple brusing
        • displace/broken nose and braking of teeth
        • phyciatric ingury
      • mens rea = same as assault and battery + doesn't have to be aware of risk of any harm
        • r v roberts
          • daftness test as long as v does not do something so daft d still liable
    • s20 wounding and gbh
      • wounding = breaking the surface of the skin
        • eisenhower
      • GBH
        • actus reus in dpp v smith held to be really serious harm
          • case of saunders omitted the word really
          • biological held to be gbh i.e. R v Dica
          • R V Burstow inflict means the same as cause
        • mens rea = must intend to cause some harm or be subjectively reckless i.e must be aware of some harm
          • r v grimshaw
      • CPS examples
        • injury resulting in permanent disability
        • injury resulting in disfigurement + displaced limbs or bones
        • compound fractures and substantial loss of blood
        • psychiatric injury - burstow
        • injuries resulting in lengthy treatment and incapacity
    • s18 wounding and gbh with intent
      • actus reus = same as s20 but with 2 additions i.e causing gbh with intent to resist arrest and wounding with intent to resist arrest
        • definitions for gbh and wounding same as s20
      • mens rea = prosecution must prove d intended to cause serious harm or intend to resist arrest
        • d must directly intend the harm or as in nedrick jury can decide whether they intended harm or whether it was virtually certain it would occur as a result of their actions
        • R v Morrison


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