Non fatal offences

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Assault

Actus reus- Any act which causes the victim to apprehend immediate unlawful violence 

Mens rea- Intention to cause the victim to apprehend immediate unlawful violence or being reckless as to whether such apprehension is caused

Max sentence- 6 months or £5,000 fine 

 Logdon v DPP (1976) D showed V a gun, said it was loaded and said he'd take her hostage. Gun was fake but as the V was afraid, D was convicted of assault & upheld on appeal.

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Battery

Actus reus- application of unlawful physical force 

Mens rea- Intention to apply physical force or, being reckless as to whether such force is applied

Max sentence- 6 months or £5,000 fine

Fagan v MPC (1969) D accidentally drove car onto police officer's foot & then intentionally left it there. Held that there was a continuing act and can be a battery without direct contact to v's body

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S. 47 Assault occasioning ABH

Actus reus- Assault or battery which causes actual bodily harm 

Mens rea- Intention or subjective recklessness as to the assault or battery. No requirement that the defendant intented or was reckless as to the injury inflicted 

Max sentence- 5 years

R v Chan-Fook (1994) Court of appeal stated that the injury 'should not be so trivial as to be wholly insignificant'

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S. 20 Malicious wounding or inflicting GBH

Actus reus- Unlawfully wounding or inflicting GBH on another person 

Mens rea- The intention or being reckless as to the causing of some harm. No need to establish intention or recklessness as to causing serious harm

Max sentence- 5 years

C v Eisenhower (1984) pellet fired by D hit victims eye but only caused internal rupturing of blood, not a break in skin, therefore not a wound. 

Grievous bodily harm is defined as; 'really serious harm' in DPP v Smith or 'serious harm' in R v Saunders 

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S. 18 Wounding or causing GBH with intent

Actus reus- Unlawfully wounding or causing greivous bodily harm to any person

Mens rea- Intention to cause greivous bodily harm or intention to resist or prevent the lawful detainer of any person 

Max sentence- Life 

Requires 'specific intent' to cause a serious injury, can be a repeated attack / using weaponary which has been ammended for this purpose, e.g. smashing a bottle to bottle someone 

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