General Elements Of Liability - Non-Fatal Offences Flashcards
Assault
• ACTUS REUS: Causing the victim to fear immediate unlawful violence.
- Words or silence can amount to an assault:
Ireland (1997)
- Words do not have to be verbal:
Constanza (1997)
- There must be fear of immediate unlawful violence:
- If V does not fear immediate unlawful violence there cannot be an assault:
Lamb (1967)
- ‘Immediate can mean in the immediate future
Smith Chief Superintendent of Woking Station 1983
- If a threat cannot be carried out, this does not matter so long as the victim feared that immediate unlawful violence could occur:
Logdon (1976)
• MENS REA: Intention or recklessness as to causing the victim to fear immediate unlawful violence (Savage)
- Definition of intention: taking a decision to bring about a certain consequence (Mohan).
Definition of recklessness: D foresees a risk but takes it anyway (cunningham).
Battery
ACTUS REUS: The application of unlawful force.
- There is no need to prove harm or pain. It can be the slightest of touching:
Thomas (1985)
- It can be caused through an indirect act:
DPP v K (1990).
• MENS REA: Intention or recklessness as to the application of unlawful force (Venna)
- Definition of intention:
- Definition of recklessness:
S.47 Assault occasioning actual bodily harm (ABH)
This is a statutory offence under s.47 of the:
Offences Against the Person Act 1861
• ACTUS REUS: Committing an assault or battery which causes actual bodily harm.
There are three parts which must be dealt with:
1. D must commit an assault or a battery
2. The assault or battery must have caused the injury
3. In injury must amount to actual bodily harm (ABH).
- Actual bodily harm (ABH) must be:
“not so trivial as to be wholly insignificant”
Chan Fook (1994)
- Psychiatric injury can amount to ABH but mere emotions such as fear, distress or panic’ do not (Chan Fook)
- Loss of consciousness, even momentarily, can be ABH (Tv DPP)
• MENS REA: Intention or recklessness as to causing fear of immediate unlawful violence or the application of unlawful force (Roberts).
- Definition of intention:
- Definition of recklessness:
S.20 Wounding
This is a statutory offence under s.20 of the: Offences Against the Person Act 1861
• ACTUS REUS: Inflicting a wound.
To constitute a wound there must be a break in both layers of skin:
JCC v Eisenhower (1983)
• MENS REA: Intention or recklessness as to inflicting some harm (Parmenter)
- Definition of intention:
- Definition of recklessness:
S.20 Grievous bodily harm
This is a statutory offence under s.20 of the: Offences Against the Person Act 1861
• ACTUS REUS: Inflicting grievous bodily harm.
- GBH means serious harm (Saunders)
- GBH does not have to be life threatening (DPP v Smith)
- Serious psychiatric injury can be GBH (Burstow 1991)
- Several minor injuries can constitute GBH:
Brown and Stratton (1998)
- Severe bruising can be GBH where the victim is a young child or a frail elderly person:
Bollom (2003)
- A disease can be GBH:
Dica (2004)
- GBH can be caused indirectly:
Martin (1881)
• MENS REA: Intention or recklessness as to Inflicting)some harm (Parmeneter)
- Definition of intention:
- Definition of recklessness:
S.18 Wounding with intent
This is a statutory offence under s.18 of the: Offences Against the Person Act 1861
•ACTUS REUS: Causing a wound.
The case law on the actus reus is the same as for S.20 wounding.
• MENS REA: Specific intention to cause a wound.
The difference between S.20 and S.18 wounding is that for S.18, recklessness will not do.
S.18 Grievous bodily harm with intent
This is a statutory offence under s.18 of the:
The Offences Against the Person Act 1861.
• ACTUS REUS: Causing grievous bodily harm,
The case law on the actus reus is the same as for S.20 GBH so see previous.
• MENS REA: Specific intention to cause grievous bodily harm.
Where the prosecution fails to prove the necessary intention for a 5.18 offence, the offence will be lowered to a S.20 offence, so long as recklessness is proven.
