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Mind map

Non Fatal Offences Mindmap

Shannon Ward Law BTEC English

Mind map on non fatal offences: assault, battery, ABH and GBH

Mind map: non fatal offences

Map content

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.

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Non Fatal offences
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Shannon Ward
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