AQA LAW03 Non-Fatal Offences Revision

Detailed (yet summarised!) notes on non fatal offences: assault, battery, ABH, GBH and wounding.

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  • Created on: 09-01-14 11:39
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S39 Criminal Justice Act 1988 S39 Criminal Justice Act 1988 S47 Offences Against the Persons Act S20 Offences Against the Persons Act S18 Offences Against the Persons A
Assault Battery Actual bodily harm Grievous bodily harm Grievous bodily harm
Actus reus laid down in Fagan Actus reus laid down in Collins Actus reus: assault or battery Actus reus laid down in DPP v Smith where Actus reus is same as s20 offenc
v MPC as: v Wilcock as: `any touching of occasioning actual bodily harm. GBH means no more and no less than `really
1. Fear of [Lamb] another person, however slight, serious harm'. The defendant needs only to
2. Immediate [Tuberville may amount to a battery'. Occasioning `cause' these injuries with the
v Savage] Occasion appears to have same GBH can also be committed through normal rules of causation applyin
3. Unlawful In Thomas, it was held that meaning as `cause' as confirmed in direct/indirect force and `inflict' should have
touching one's clothes can Roberts. The courts held that the the same meaning as `cause'. Psychiatric harm Mens rea: only intention to caus
4. Force amount to battery. chain was still intact. can amount to GBH as laid down in R v GBH will suffice. The word
Burstow. maliciously is interpreted to mea
Sufficient that the V fears
DPP v K ­ The courts held Actual bodily harm that the D intended serious harm.
threat is immediate ­ Smith v
common assault could be Described in Miller as `any hurt or R v Bollom ­ injuries caused to a child or
Superintendent of Woking
committed by an indirect act. injury calculated to interfere with the elderly person will be more serious than
Police Station
The baby was used as an health or comfort of the V'. the same injuries caused to a strong,
`instrument to commit the Some harm ­ physical [DPP v Smith] healthy adult.
Mens rea stated in Savage as: battery' ­ Haystead v Chief and psychological [Ireland].
intention to cause the victim to R v Dica ­ recklessly transmitting a
Constable of Derbyshire. disease to an unknowing victim was ruled
fear immediate unlawful force.
Mens rea for assault/battery is to be inflicting grievous bodily harm.
Recklessness laid down in
Mens rea confirmed in Venna, sufficient for s47. The D must have
Cunningham.
as: intention to apply force to intended or had foresight of the Mens rea is that the act must be malicious
another or recklessness as to assault/battery itself and that this which was confirmed in R v Cunningham as
whether such force is so caused the harm. intending the harm or being reckless as to
applied. Roberts ­ the mens rea for s47 is whether such harm might occur.
the same as for assault/battery.
Savage DPP v Parmenter ­
subjective recklessness was
required in respect of the harm
caused.
LAW03 Unit 3A Criminal Law [NonFatal Offences]

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Wounding Wounding
Actus reus laid down in JCC v Eisenhower Actus reus is causing serious
where a wound must break the continuity of injury.
the skin and internal bleeding is not sufficient.
Mens rea is to intentionally caus
Mens rea is intentionally or recklessly causing serious injury.
a wound.…read more

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