Non-fatal Offences.

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1. What is the mens rea for S20?

  • Intention or recklessness to cause some harm - Mowatt
  • Intention to cause GBH - Venna
  • Intention to apply force on another - Savage
  • Intention to cause harm - Mowatt
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2. What was said in Savage;Parmenter?

  • There is no additional mens rea
  • There must be intention as to some harm.
  • The mens rea for S47 is intentionally or recklessly causing GBH.
  • There must be an assault or batter for S47.

3. What is ABH defined as and in what case?

  • Any hurt or injury calculated to interfere with the health and comfort of the V - Miller
  • Really serious harm - DPP v Smith
  • Lots of smaller injuries taken together as a whole - Brown v Stratton
  • Break in the whole of the skin - JCC v Eisenhower.

4. Which case says that momentary loss of consciousness is ABH

  • T v DPP
  • Bollom
  • Chan-Fool
  • Brown v Stratton

5. What was said in Collins and Wilcock?

  • Force can be indirect.
  • Unlawful force can be the smallest of touches.
  • Touching a person's clothing is sufficient
  • The emphasis is on what the V thought was going to happen.

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