Non Fatal Offences, Consent and Self Defence

My notes (a distinctly shortened version of them!) for: Non Fatal Offences (Assault, Battery, s47 ABH, ss18 and 20 GBH), Consent and Self Defence

More will be up soon on other areas of law, i.e. property offences, general defences etc. Just have to type them!

Please comment or message me if you spot any mistakes as I'd like to know if I've been revising the wrong thing!!!

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  • Created by: Vixxx92
  • Created on: 22-05-11 18:09

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

What are Non Fatal Offences?
Kind of self explanatory : these are offences against a person that do not result in death
They are based on whether or not the V was injured, the seriousness…

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The force which is threatened must be unlawful (see battery notes)

Mens Rea:
Intention/recklessness that causes another to fear immediate and unlawful force. An offence of basic intent.

A common law offence
Recognised for sentencing purposes under s39 of the Criminal Justice Act (1988) ­ max sentence 6 months/£5000…

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Assault Occasioning Actual Bodily Harm
A triable either way offence
Max sentence 5 years
Listed under s47 of the Offences Against the Person Act (1861)
It is an assault or battery which causes Actual Bodily Harm, with the mens rea for either assault or battery [as previously discussed]

Actus Reus:…

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What is GBH?
In DPP v Smith (1961) it was held that GBH means "really serious harm". It does not have to be life threatening. Serious psychiatric injury may be classed as
GBH (see R v Burstow (1997)). The severity of injuries should be assessed according to the age and…

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AO2 Points on the Law of Non Fatal Offences
The Offences Against the Person Act (1861) is complicated, difficult to understand, and uses old fashioned language, such as `maliciously', `grievous'
and `occasioning' ­ to some extent this has been solved by way of statutory interpretation but remains an issue

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The consent must be `real and informed':
R v Tabbassum (2000) ­ D persuaded several women to have their breasts measured for medical purposes. They consented on the basis
that they thought he had medical qualifications. He didn't, so their consent was not `real'
R v Dica (2004) ­ D…

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Wayne is the captain of a football team. During an important match against their local rivals, he is involved in a clash of heads with an opposing player, Andy.
Wayne gets a nasty bruise and is badly concussed. He insists on continuing to play after treatment with a cold sponge…


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