Non-fatal offenses against the person

  • Created by: Elli.H
  • Created on: 13-11-18 10:27

ASSAULT

Definition of Assault: an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.

Actus reus: - an act, - which causes the victim to apprehend the infliction of immediate, unlawful force

Mens rea: either an intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such fear is caused.

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BATTERY

Definition: the application of unlawful force to another person intending either to apply unlawful physical force to another or being recklessness as to whether unlawful force is applied.

actus reus: is the application of unlawful force to another person. 'Force' can be misleading as it can include the slightest touching, (Collins v Wilock 1984)

  • continuing act
  • indirect act
  • omissions

mens rea: is either an intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied. The defendant must realise there is a risk that his act (or omission) could cause unlawful force to be applied to another. 

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ACTUAL BODILY HARM

Definition: an assault which causes V actual bodily harm and D intends or is subjectively reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force.

Actus Reus: in Miller 1954, it was said that ABH is 'any hurt or injury calculated to interfere with the health or comfort of the victim'. In T v DPP 2003 loss of conciousness, even momentarily, was held to be ABH

Mens rea: intention or subjective recklesness as to causing fear of unlawful violence or of applying unlawful force. 

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s 20 GBH

Actus Reus: a direct or indirect act or omission

Consequence required: either a wound or grievous bodily harm (really serious harm) 

mens rea: intention or subjective recklessness as to causing some injury

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s 18 GBH

actus reus: a direct or indirect act or omission which causes V's injury

Consequence required: a wound or grievous bodily harm (same as s 20)

mens rea: specific intention to cause GBH or specific intention to resist or prevent arrest plus recklessness as to causing injury

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