Non-fatal offences


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Flashcards by alan.10a, updated more than 1 year ago
Created by alan.10a over 10 years ago

Resource summary

Question Answer
What are the five main types of non-fatal offences? • Assault (Common law) • Battery (Common law) • Assault occasioning actual bodily harm (s.47, OAPA 1861) • Maliciously wounding or inflicting grievous bodily harm (s.20, OAPA 1861) • Wounding or causing grievous bodily harm with intent (s.18, OAPA 1861)
What is assault? Defined in Fagan v Metropolitan Police Commissioner: any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence
What is the actus reus of assault? Causing another person to apprehend immediate and unlawful violence. (If there is no apprehension there is no assault as seen in Lamb)
Can words or gestures constitute as an assault i.e. must there be a physical harm? No there need not be a physical assault, as seen Stephen v Myers (Gesture) and Wilson (Words) and Ireland (silent phone calls)
Must the D fear violence in order for there to be an assault? No, fear is irrelevant, the D must only apprehend immediate or unlawful violence
What did Constanza state in regards to unlawful violence being immediate? That the apprehension of harm at any time not excluding the immediate future was sufficient for an assault.
What is the mens rea of assault? The mens rea of an assault is INTENTION or RECKLESSNESS as to causing the victim to apprehend immediate physical violence.
What are the two questions you must to prove that there was Cunningham (Subjective)recklessness? 1) Was the risk taken by D unjustifiable? 2) Did D recognise the risk but go on to take it anyway?
What is battery? Intentionally or recklessly inflicting unlawful force upon another person as defined in Fagan v Metropolitan police commissioner
What is the actus reus of Battery? Inflicting unlawful force
What is the mens rea of battery? Intentionally or recklessly inflicting unlawful force
Does the unlawful force need to be aggressive or violent? According to Cole v Turner, “the least touching of another” is sufficient for a battery. In Faulkner v Talbot battery it was also said that a battery “need not necessarily be hostile or rude or aggressive”.
Does the application of force need to be direct? According to Martin, no The application of any force used need not be direct, but there must be force applied to the victim
What is assault occasioning actual bodily harm? This offence under s.47, OAPA 1861 requires the defendant to commit an assault or battery which causes harm. The degree of harm required is “actual bodily harm”.
What is the actus reus of s.47 ABH? 1) The AR of assault OR battery 2) Which causes (apply causation) 3) Actual bodily harm
What is 'actual bodily harm'? Defined in Miller: any hurt or injury calculated to interfere with the health or comfort” of the victim. (Mere emotions do not count as seen in Chan-Fook)
What is the mens rea of s.47 ABH? The mens rea of assault OR battery
What is s.20 GBH? The offence is defined as "unlawful and malicious wounding, or, inflicting GBH, with or without a weapon…”.
What is the actus reus of s.20 GBH? Unlawfully wounding or inflicting GBH
What does wounding mean? That the inner and the outer skin must be broken - C v Eisenhower
What does grievous mean? 'Really serious' as defined DPP v Smith
Can you inflict GBH without an actual assault? Yes as seen in Dica where he transferred HIV
What is the mens rea of s.20 GBH? Intention or recklessness about doing SOME HARM
What is s.18 wounding or causing GBH with intent? Unlawfully and maliciously... wound or cause any GBH... with intent to commit GBH
What is the actus reus of s.18 GBH with intent? Unlawfully wounding or causing GBH (for 'causing' remember to use causation rules)
What is the mens rea for s.18 GBH with intent? Intention to cause GBH, or intent to resist or prevent lawful arrest (INTENTION ONLY APPLY NEDRICK WOOLIN TEST FOR OBLIQUE INTENT)
What is consent? Consent is a defence to certain actions that would otherwise be offences against the person contrary to the 1861 Act. e.g. of consent given is: Sports, Surgery, tattooing and ear piercing, Implied consent (moving around in society) SEXUAL GRATIFICATION IS NOT A RECOGNISED EXCEPTION-Brown
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