Non Fatal Offences Mindmap

Non Fatal Offences Mindmap

1. Assault

   • Actus Reus
     • No physical contact required towards the Victim.
     • The Victim must apprehend violence, so the Victim must be afraid of the threat made towards them.
     • The threat must be of immediate violence.
   • Mens Rea
     • Can either be Intension or Recklessness.
   • Sentencing
     • Imprisonment can vary but the maximum is 6 Months.
   • An definition of a threat was made in Constanza 1997, this is 'fear of violence at some time not excluding the immediate future'.

2. Battery

   • Actus Reus
     • Application with Unlawful Force.
   • Mens Rea
     • Can either be Intension or Recklessness.
   • Can be touching of another person without consent however small the touch is.
   • Doesn't have to be directly inflicted, can be committed by an Omission.
   • In Martin 1881, it was stated that violence didn't have to be directly inflicted.

3. ABH

   • Actus Reus
     • Caused by Bodily Harm or Occasioning Bodily Harm.
   • Mens Rea
     • Proof that the Defendant had the Mens Rea of Assault/Battery that was committed in the first place, this is called 'Half Mens Rea'.
   • This includes mental and psychological harm.
   • Assault Occasioning Actual Bodily Harm, Section 47 of the OAPA 1861.
   • In a case named T v DPP 2003, a momentary loss of consciousness was considered as ABH.

4. GBH - Section 20

   • Actus Reus
     • Some harm to the Victim, this includes mental and psychological harm.
   • Mens Rea
     • Can be either Intension or Recklessness
   • Sentancing
     • Sentancing can vary from 6 Months to 5 years imprisionment.
   • A Wound is anything that breaks the second layer of the skin, the Dermis.
   • Can include internal cavities, eg. Nose and Mouth.
     • Biological GBH is passing on a disease, for example, AIDS.
   • Internal injuries and broken bones are Bodily Harm, also includes psychological illnesses.
   • DDP v Smith states that GBH means 'really serious harm'.

5. GBH with Intent - Section 18

   • Actus Reus
     • Serious Harm to the Victim, this includes mental and psychological harm.
   • Mens Rea
     • Can only be with Intension, Recklessness is not allowed for GBH with Intent (Section 18).
   • Sentancing can vary from 5 years up to life imprisonment.