Unit 2A LAW

HideShow resource information
  • Created by: kwaller
  • Created on: 02-03-16 08:58

Assault

Definition of assault: An assault is committed where the def intentionally or recklessly causes the victim to apprehend immediate lawful personal violence. Case- Fagan

1 of 15

Actus reus of assault

Actus reus: - The victim must apprehend. Case: Logdon

                   - Immediate. Case: Constanza

                   - Unlawful

                   - Personal violence

2 of 15

Mens rea of assault

Mens rea: Intention or recklessness

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

3 of 15

Battery

Definition of battery: Unlawful application of force by the defendant upon the victim. Case: Ireland

4 of 15

Actus reus of battery

Actus reus: - Application. Case: DPP v K (a minor)

                     - Unlawful

                     - Physical force

 

5 of 15

Mens rea of battery

Mens rea: Intention or recklessness

- Intention to apply unlawful physical force

- Being reckless as to whether such force is applied

Subjective recklessness: case: Parmenter

6 of 15

S.47 Actual Bodily Harm

- ABH comes under s.47 offences against the person act 1861 (OAPA).

- Is an either way offence with a max of 5 years imprisonment.

7 of 15

Actus reus of ABH

Actus reus: - Assault or battery

                   - Which causes

                   - Actual bodily harm. Case: Miller

ABH includes psychiatric injury. Case: Chan Fook

8 of 15

Mens rea of ABH

Mens rea: Intention or recklessness

- There is no reuirement that the defendant intended or was reckless as to the injury inflicted:

Key case: Roberts

9 of 15

S.20 Grevious Bodily Harm

GBH comes under s.20 Offences Against The Person Act 1861 (OAPA).

- S.20 GBH is an either way offence with a max 5 years imprisonment.

 

10 of 15

S.20 Wounding

Wounding comes under S.20 Offences Against The Person Act 1861 (OAPA).

- S.20 wounding is an either way offence that has a max 5 years imprisonment.

- For an injury to be classed as being a wound it must bleed and pierce two layers of skin.

11 of 15

Actus reus of S.20

Actus reus: - Unlawfully

                     - Wound

                     - Or inflict GBH. Case: Martin

                     - Or another person

Wounding:

Internal bleeding isn't classed as wounding. Case: Eisenhower 

Grevious Bodily Harm:

Means really serious harm. Case: Smith

12 of 15

Mens rea of S.20

Mens rea: Intention or recklessness

The def must have the intention to cause some harm to the victim, there is no need to establish if they intended or recklessly caused the victim serious harm. Case: Savage

- Subjective recklessness applies (the def must forsee the risk of causing some harm to the victim).

13 of 15

Actus reus of S.18

Actus reus: - Unlawfully

                     - Wound or cause GBH

                     - On any person

14 of 15

Mens rea of S.18

Mens rea: Intention to cause GBH or Wounding

15 of 15

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »