Non-Fatal offences Flashcards
(13 cards)
what two offences are common law offences?-and under what section and act?
assault and battery under S.39 Criminal Justice Act 1988.
what are the 3 other offences define in, what act?
offences against the person act 1861.
what is assault? what is the actus reus for this?-what section and act?
actions and words which cause fear, which cause v to apprehend immediate unlawful force.-ireland(silent phone calls)-smith v woking police.
s.39 CJA 1988
what is the mens rea for assault? and provide a case.
intentionally caused victim to apprehend immediate unlawful force.
or
recklessly causing v to apprehend immediate unlawful force.
what is battery? what is the actus reus for this?
battery requires unlawful force but no injury.-collins v wilcock.
S.39 CJA 1988.
what other cases is their for battery?(acid in hand drier)(touching a persons clothes)
thomas,DPP V K.
what is the mens rea for battery? provide a case.
intentionally applying unlawful force to v.
or
recklessly applying unlawful force to v.
-Venna.
what is ABH?WHAT IS the actus reus for it?(provide two cases)
ABH is assault or battery causing some harm,(abh)-Miller, DPP v Smith.
S.47 OAPA 1961
what is the mens rea for ABH? and provide a case?
MR of assault- intentionally or recklessly causing V to apprehend immediate unlawful force.
MR of battery-intentionally or recklessly applying unlawful force to victim.
Savage.
what is GBH? and what is the actus reus for it?
GBH is wounding of inflicting serious bodily harm which causes serious injury. DPP v smith, Eisenhower.
s.20 OAPA 1861.
what is the mens rea for GBH?
Intentionally causing some harm.-S.18
or
Recklessly causing some harm.-S.20
parmenter.
What is GBH with intent?
an intention to cause GBH or res9st arrest with a foresight of harm.-Morrison. s.18 OAPA 1861.
