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5) Non Fatal Offences against the Person and the defences of self defence and consent

Recognised for sentencing purposes under s39 of the Criminal Justice Act (1988) ­ max sentence 6 months/£5000 fine or both

Actus Reus: An act which causes the V to apprehend the infliction of immediate,…

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The D does not even have to physically touch the D:
R v Thomas (1985) D touched the hem of a woman's skirt and rubbed it. The CoA stated obiter that touching a person's
clothes whilst they are wearing them is equivalent to touching that person.
A batter may be…

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R v Savage (1991) ­ D threw beer over another woman in the pub. The glass slipped from her hand, cutting the V. She only intended to
throw the beer, she had not intended or realised that there was a risk of injury. Convicted. [Conjoined appeal to HoL with R…

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Actus Reus: Wounding or causing GBH. The meanings of these words are the same as for s20. The word `cause' has been interpreted
very widely ­ it is only necessary to prove the D's act was a substantial cause of the wound/GBH

Mens Rea: s18 GBH is a specific intent…

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Does the D have to wait until he is attacked before he uses force? The law appears to make it that they can act to prevent force
(i.e. an attack need not have started)
Major issue: the use of excessive force prevents self defence from being used and it is…

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AO2 Points on the Law of Consent
Judicial Inconsistency: courts can be said to try and impose their own moral values on the law in consent cases as shown by:
R v Brown (1993) ­ A group of sadomasochists were convicted for a variety of ABH and GBH offences that…




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