Non Fatal Offences
- Created by: DeVanté
- Created on: 26-03-14 09:13
View mindmap
- Non-Fatal Offences Against A Person
- S.20
- Whosoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of an offence triable either way and being convicted thereof shall be liable for up to 5 years imprisonment
- Mens Rea is defined by the word maliciously, In R v Cunnigham it was stated for this act maliciously meant intentionally or recklessly.
- R Mowatt: There is no need for to intend or be reckless as to causing GBH or Wounding. The Defendant need only intend or reckless that their acts could have cause some physical harm
- Mens Rea is defined by the word maliciously, In R v Cunnigham it was stated for this act maliciously meant intentionally or recklessly.
- Actus Reus- The prosecution has to prove that the defendant either inflicted grievous bodily harm or wounded the victim
- DPP v Smith 1961
- Wounding requires the breaking of the skin, so there will normally be bleeding
- C v Eisenhower 1984
- R V Dica
- Whosoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of an offence triable either way and being convicted thereof shall be liable for up to 5 years imprisonment
- S.18
- Untitled
- S.47
- Whosoever shall be convicted upon indictment of any assault occasioning Actual Bodily harm shall be liable... [For up to 5 years imprisonment]
- R v Chan Fook- The word actual indicates that the injury should not be so trivial as wholy insignificant
- Includes psychiatric Injury
- Mens Rea Of ABH is the same for Assault or Battery. No additional mens rea is needed.
- R v Roberts (1978)
- S.39
- Assault
- Assault is a summary offence with a maximum of six months imprisonment (CJA 1988 s.39)
- Actus Reus: Any act that makes the victim fear that unlawful force is about to be used against them.
- No force need be applied and words can amount to assault (R v Ireland and Burstow)
- Words can prevent assault (Tuberille v Savage 1669)
- Mens Rea: The Intention or subjective recklessness to cause the victim to fear the infliction of unlawful force.
- Savage and Parmenter 1991
- Battery
- Actus Reus: Consists of the application of unlawful force on another. Any unlawful physical contact can amount to battery, there is no need to prove harm or pain.
- Fagan v Metropolitan Police Commissioner
- Again either Intention or recklessness is sufficient, but here it is intention or recklessness as to the application of unlawful force
- Actus Reus: Consists of the application of unlawful force on another. Any unlawful physical contact can amount to battery, there is no need to prove harm or pain.
- Assault
- S.20
- S.39
- Assault
- Assault is a summary offence with a maximum of six months imprisonment (CJA 1988 s.39)
- Actus Reus: Any act that makes the victim fear that unlawful force is about to be used against them.
- No force need be applied and words can amount to assault (R v Ireland and Burstow)
- Words can prevent assault (Tuberille v Savage 1669)
- Mens Rea: The Intention or subjective recklessness to cause the victim to fear the infliction of unlawful force.
- Savage and Parmenter 1991
- Battery
- Actus Reus: Consists of the application of unlawful force on another. Any unlawful physical contact can amount to battery, there is no need to prove harm or pain.
- Fagan v Metropolitan Police Commissioner
- Again either Intention or recklessness is sufficient, but here it is intention or recklessness as to the application of unlawful force
- Actus Reus: Consists of the application of unlawful force on another. Any unlawful physical contact can amount to battery, there is no need to prove harm or pain.
- Assault
- Untitled
Comments
No comments have yet been made