Non-Fatal Offences Flashcards
(28 cards)
What is the definition of assault in common law?
Assault is defined as intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence.
What is the actus reus of assault?
Causing the victim to apprehend immediate and unlawful personal violence.
What does ‘apprehend’ mean in assault?
It means the victim anticipates or expects personal violence—not necessarily fear it.
Can words or silence constitute an assault?
Yes
What does ‘immediate’ mean in assault?
It includes violence that could occur in the near future—not necessarily instantly.
What is the mens rea of assault?
Intention or subjective recklessness to cause the victim to apprehend immediate unlawful personal violence
What is the definition of battery in common law?
The intentional or reckless application of unlawful force to another
What is the actus reus of battery?
Application of unlawful force, which may be:
Direct
Indirect
Omission
What level of force is needed for battery?
The merest touching can amount to battery.
What is the mens rea of battery?
Intent or recklessness as to the application of unlawful force
What is the actus reus of s 47 OAPA 1861?
An assault or battery
Which occasions (causes)
Actual bodily harm (ABH)
What is the mens rea for s 47?
Intent or recklessness to commit assault or battery. No mens rea is required for the actual bodily harm
What is considered ‘actual bodily harm’?
Injury that is more than trivial
Loss of consciousness
Cutting hair
Recognised psychiatric injury (not mere emotions)
Can s 47 be committed by omission?
Yes. If D creates a danger and fails to avert it
What is the actus reus of s 20 OAPA 1861?
Wounding or
Infliction of grievous bodily harm (GBH)
What is the definition of ‘wound’?
A wound requires a break in both layers of the skin
What is meant by ‘inflict’ in s 20?
‘Inflict’ means to cause, and does not require an assault
What is grievous bodily harm (GBH)?
Really serious harm
Includes psychological harm
Age and vulnerability of victim considered
What is the mens rea of s 20?
D must intend or be reckless as to causing some harm
No need to foresee or intend serious harm.
What is the actus reus of s 18 OAPA 1861?
Wounding or
Causing GBH
(The same definitions as under s 20 apply)
What is the mens rea of s 18?
D must intend to cause GBH.
Intention to wound is not enough
Must be direct or oblique intent
Can s 18 be committed recklessly?
No. s 18 is a specific intent offence—recklessness is insufficient.
What are examples of injuries for s 47 ABH?
Minor fractures
Loss of consciousness
Hair cutting
Recognised psychiatric illness (more than distress)
What are examples of injuries for s 20 or s 18 GBH/wounding?
Broken bones
Fractured skull
Substantial blood loss
Permanent disability or sensory loss
Breaking both skin layers (wound)
