Non fatal Offences - Unit 2

This is on the non-fatal offences you need to know for the unit 2 exam in reference to the scenario

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  • Created on: 27-04-13 16:18
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Non-Fatal Offences
Common Assault (this is a common law offence, however it is recognised by s39 of the criminal justice act
1988) ­ There are two types of common assault:
Assault ­ Intentionally or recklessly causing another person to fear immediate unlawful personal violence.
No physical Contact
Actus Reus ­ The V must fear that immediate unlawful force will be used against them.
E.g ­ R v Logden (pointing an unloaded gun)
The court said the word immediate doesn't mean instant. Smith V Chief Constable of Woking
Word can amount to an assault so can not saying anything.
E.g. ­ constanza (sending threatening letters) , Ireland ( silent calls)
Mens Rea ­ The MR is that the AR must be done intentionally or recklessly
The highest level of MR is direct intention. Mohan ­ the d must desire to bring about the prohibited
consequence. (Aim/purpose)
Recklessness ­ the case of Cunningham said that if the D realises there was a risk and still takes it they have
acted recklessly.
Battery ­ A battery is an application of unlawful force to another person. This must be done intentionally or
recklessly.
There is going to be contact but no injury
AR- An application of Unlawful force from D to V
Can be slight, e.g. R v Thomas (touching a person's clothes can amount to a battery). Collins V Wilcock ­
court said in this case anything more then getting a person's attention could amount to a battery.
A battery can also be through an indirect act ­e.g. ­ throwing a pint of beer at someone
DPP v K (Acid Drier) ­ application of unlawful force and the d caused this through an indirect act. Haystead ­
the d caused a child to fall on the floor because they punched the person holding them.
MR ­ intention to apply unlawful force (Mohan)
Recklessness that force will be applied (subjective test ­ d realised the risk of physical contact and still took
it)
Assault Occasioning Actual Bodily Harm ­ S47 of the OAPA 1861
AR ­ An assault or Battery AND Actual bodily harm
MR ­ intentionally or recklessly committing the common assault

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ABH ­ any minor injury including psychological injury e.g. ­ bruising , scratches psychiatric injuries ( Chan
fook)
Roberts (girl jumps from car)
Savage ­The fact that d intended to throw the beer over the women was sufficient mens rea (battery)
S47 OAPA - AOABH imprisonment for 5 years.
WOUNDING AND GRIEVIOUS BODILY HARM
AR- is the same a wound or GBH
Section 20 ­OAPA 1861
AR ­ Wounding or Inflicting GBH
MR ­ (direct) intentionally or recklessly causing some harm.…read more

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