Mind map
Non Fatal Offences Mindmap

Mind map: non fatal offences
Map content
Non Fatal Offences Mindmap
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'.
- Actus Reus
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.
- Actus Reus
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.
- Actus Reus
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'.
- Actus Reus
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.
- Actus Reus