Mapa mental
Non Fatal Offences
Conteúdo do mapa
Non Fatal Offences
Assault
- Charged under s.39 of the Criminal Justice act 1988
- Common law assault and battery shall be summary offences and a person guilty of either shall be liable to a fine or a max prison term of 6 months
- Actus Reus
- An assault is an act which causes another person to apprehend the infliction of immediate, unlawful force on his person (Collins v Wilcock)
- there must be an act to cause the apprehension
- Immediate can also mean looking through a window (Smith v Woking Police)
- Genuine apprehension of force is required (Lamb)
- An ommission will not suffice (Fagan v Metropolitan Police Commisioner)
- An assault is an act which causes another person to apprehend the infliction of immediate, unlawful force on his person (Collins v Wilcock)
- Revealing a gun will constitute assault (Lodgon v DPP)
- Threatenting letters can be an assault (Constanza)
- Silent phone calls can also be an assault (Ireland)
- Empty threat will not constitute an assault (Tuberville v Savage)
- The act must be unlawful i.e. no consent (Slingsby)
- Mens Rea
- Intention or recklessness as to causing the victim to apprehend the immediate infliction of unlawful personal force (Venna)
- Recklessness is subjective
- Intoxicated Behavior will constitute recklessness (Majewski)
- Charged under s.39 of the Criminal Justice act 1988
Battery
- Also charged under s.39 of Criminal Justice act 1988
- Actus Reus
- A battery is the actual infliction of of unlawful force an another person (Collins v Wilcock)
- Touching of another person however slight may amount to battery
- Touching a victims skirt was equivalent to touching victim in (Thomas)
- Touching must be hostile (Wilson v Pringle)
- If the touching was unlawful, it is more likely to be hostile (Brown)
- Defendant does not have to touch the victim (R v Martin) Shouting fire in crowded theather
- Indirect battery is treated as if the defendant performed a direct battery (DPP v K)
- Hitting an adult that drops a child is equivelant to indirect battery (Haystead v CC of derbyshire
- A battery is the actual infliction of of unlawful force an another person (Collins v Wilcock)
- Can be committed by an ommission
- if the defendant creates a dangerous situation by omitting to say or do anything, he will be liable for the harm that results (miller)
- if someone creates a danger and thus exposes another to a reasonably forseeable risk of injury which occurs there is an evidential basis for actus reu
- DPP v Santana-Bermudez
- Victim can consent to assault and battery (Brown)
- Victim must consent to both nature and quality of the act (Tabassum)
- Consent is implied for the ordinary jostlings of everyday life (Collins v Wilcock and Wilson v Pringle)
- Police can use reasonable force to arrest a defendant (Wood (Fraser) v DPP)
- Consent is implied for the ordinary jostlings of everyday life (Collins v Wilcock and Wilson v Pringle)
- Victim must consent to both nature and quality of the act (Tabassum)
- Mens rea
- Intention or recklessness as to the infliction of unlawful force (Venna)
Actual Bodily Harm
- When an assault or battery causes an injury, the defendant will be charged with actual bodily harm
- Charged under s.47 of the offences against the person act (1861)
- Actus Reus
- Must cause any hurt or injury designed to interfere with the health or comfort of the victim (Miller 1954)
- Bruising, Scratching, Grazing, Fractures, Concussion
- Psychiatric injury will also suffice (Chan Fook)
- Bodily injury may include any part of the body responsible for mental and other faculties
- Will require a recognised psychiatric illness (Burstow)
- Years of Domestic abuse will not suffice (Dhaliwal)
- Must cause any hurt or injury designed to interfere with the health or comfort of the victim (Miller 1954)
- Mens rea
- If defendant performs the actus reus and mens rea of battery and it leads to injury, he will have all element for ABH (Roberts)
- Victim can consent if it falls under special exceptions of attorney generals reference no 6 (1980)
- Properly conducted games or sports, lawful chastisement or correction, reaosnable surgical interference and other dangerous exhibitions
- Conduct beyond what is accepted may be criminal i.e. a particularly grave injury (Barnes (2005)
- Mistaken belief in consent may be a defence (Jones)
- Properly conducted games or sports, lawful chastisement or correction, reaosnable surgical interference and other dangerous exhibitions
- Triable either way with max terms of 5 years
- When an assault or battery causes an injury, the defendant will be charged with actual bodily harm
Malicous Wounding
- Charged Under s.20 of OAPA 1861
- Triable either way with max term being 5 years
- Actus Reus
- Unlawful
- Wound
- Must break through all the layers of the skin and cannot include internal bleeding (JCC v Eisenhower)
- Broken bone will not constitute a wound unless skin is broken (Wood)
- Inflict Grevious bodily harm
- Inflict does not require an assault (Beasley) (Burstow)
- Inflict simply means cause
- GBH simply means really serious harm but does not have to be life threatening (DPP v Smith)
- Jury can be directed as to serious Harm (Saunders)
- Age, Heath and other factors can be considered when determining whether injuries amount to GBH (Bollom)
- Biological GBH now exists as a result of Dica
- Severe depressive illness can now be GBH (Burstow)
- Inflict does not require an assault (Beasley) (Burstow)
- Mens Rea
- 'Malicously' (s.20 OAPA 1861)
- Intentionally
- (Cunningham)
- Recklessly
- Cunningham
- Does not have to forsee that it will be grevious (Mowatt) (Parmenter)
- It is enough that D foresaw some physical harm to some person, albeit of a minor charecter, might result (Mowatt)
- Intentionally
- 'Malicously' (s.20 OAPA 1861)
- Charged Under s.20 of OAPA 1861
Grevious Bodily Harm With Intent
- Charged under s.18 of OAPA 1861
- Max sentence is life imprisonment
- indictable to crown court for trial
- Max sentence is life imprisonment
- Actus Reus
- Unlawful
- Wound
- Cause grevious bodily harm
- Mens Rea
- There must be a specific Intent
- Therefore, the word malicously can be disregarded (Mowatt)
- There must be a specific Intent
- GBH must be a virtual certainty and the defendant must realise that this is the case (Nedrick) (Woolin)
- Charged under s.18 of OAPA 1861
Racially Motivated Assault
- Under s.29 of crime & disorder act 1998, term of imprisonment will be incresd to represent the hostility towards a particular racial or religous group
Administering Poison
Informações
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- Crimimal Law Mapa Mental sobre Non Fatal Offences, criado por usmanzafar em 15-04-2013.
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- usmanzafar
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