Non Fatal offences

Question 1

What is the hierarchy of non-fatal offence against the person?

Answer 1

(1 - 5; 1 being the most serious)

1- Wounding or grievous bodily harm with intent (s 18 Offences Against the Person Act ‘OAPA’ 1861 )

2- Wounding or grievous bodily harm (s20 OAPA 1861);

3- Assault occasioning actual bodily harm (s 47 OAPA 1861);

4- Battery

5- Assault

Question 2

How do u determine criminal liability for assault?

Answer 2

1) Actus reus:
Victim to apprehend (expect or anticipate) immediate and unlawful personal violence.

! physical gesture, some words are enough.

2) Mens Rea:
Intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence.

3) Absence of a valid defence such as.. Self-defence, intoxication and consent.

Examples!
Threats of violence only, no touching but anticipated violence etc..

Question 3

How do you determine criminal liability for battery?

Answer 3

1) Actus reus:
Application of unlawful force
* Directly
*Indirectly
*By omission

PS; Doesn’t have to be applied directly, and if it is the merest touch applies - doesn’t have to be rude or agressive.

2) Mens Rea:
Intentionally or recklessly applies unlawful force.

3) Absence of a valid defence such as.. Self-defence, intoxication and consent.

Examples!
unwanted kiss, slap, scratches etc..

Question 4

How do you determine s 47 - Assault occasioning actual bodily harm?

Answer 4

PS! both AR and MR of either assault of battery must be established.

1) Actus reus:
- Assault; meaning an assault or battery.
- Occasioning; normal principles of
causation apply.
- Actual bodily harm.

2) Mens Rea:
NO mens rea needed for actual bodily harm.
Mens rea for the assault or the battery.

Intent or recklessness as to:

• causing the victim to apprehend immediate and unlawful personal violence; or

*applying unlawful force upon another.

3) Absence of a valid defence such as.. Self-defence, intoxication and consent.

Examples!
Temporary loss of consciousness, extensive bruising, minor fractures etc..

Question 5

How do you determine s 20 - Wounding or grievous bodily harm?

Answer 5

a) Actus reus
-Wound; or
-Infliction of grievous bodily harm.

b) Mens Rea:
D must intend or be reckless as to the causing of some harm.

Examples!
Broken bones, Fractured skull, permanent disability etc..

Question 6

How do you determine s 18 -Wounding or grievous bodily harm with intent?

Answer 6

a) Actus reus
- Wound; or
- Causing grievous bodily harm.

b) Mens Rea:
D must INTEND to cause grievous
bodily harm.

Examples!
Broken bones, Fractured skull, permanent disability etc..

Discretionary sentencing