GDL - non-fatal offences Flashcards
(24 cards)
Assault
intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence
What does “immediate” mean in the context of an assault?
apprehension of personal violence at some time not excluding the immediate future
For an assault, what kind of violence must the victim apprehend?
physical violence (not psychological harm)
Assault is a basic intent crime, meaning it can be committed
intentionally or recklessly
Battery
actual intended use of unlawful force to another person without consent
Mens rea of battery
intentionally or recklessly applies unlawful force
Level of force for a battery
the merest of touch and doesn’t have to be rude, hostile or aggressive
Where the battery results in harm which is more than trivial, the defendant will be liable for
a s.47 offence
Name the 3 ways that battery can be inflicted
Directly;
Indirectly;
By an omission
s.47
assault occasioning Actual Bodily Harm (ABH)
Why was the respondent convicted of a s.47 via an omission?
Although the respondent had not done an act which had directly caused the injury, he had created a danger (by exposing the officer to a risk), which he had failed to avert.
level of harm required for a s.47
need not be serious or permanent but must be more than transient and trifling
mens rea for s.47
No mens rea is required for the ABH - all that is required is the mens rea for the assault or the battery
requirement for a s.20 or s.18 wound
Both the dermis and epidermis must be broken
Definition of GBH
serious harm
Psychiatric injury may amount to GBH if sufficiently serious, but its cause and effect will need to be
proved by expert evidence
in deciding whether or not the injuries sustained were ‘grievous’, the jury should consider
the effect of the injuries on the victim, taking into account the victim’s age and health. The jury can also look at the totality of the injuries.
mens rea for s.20
Intention or recklessness as to causing some harm
mens rea for s.18
Intention to cause grievous bodily harm
Because is a specific intent offence, intention for a s.18 can be
direct or oblique
In what sense do s.18 and s.20 set up 2 offences?
can involve wounding and/or GBH - wounding involves breaking both layers of skin, GBH involves broken bones, loss of sensory function etc.
Intoxication test for s.18
Did the defendant form the mens rea in his intoxicated state? R v Kingston
Intoxication test for s.20
Would the defendant have formed the mens rea if sober? R v Coley, McGhee and Harris
Where is assault defined?
Assault is a common law offence, defined in Fagan v MPC. The penalties and procedure are set out in the Criminal Justice Act.
