Non-Fatal Offenses Flashcards
(29 cards)
Actus Reas of Assault
Causing the victim to fear immediate unlawful violence.
Mens Rea of Assault
Intention or recklessness as to causing the victim to fear immediate unlawful violence.
Actus Reas of Battery
The unlawful application of force.
Mens Rea of Battery
Intention or recklessness as to the unlawful application of force.
Actus Reas of S47 ABH
Committing an assault or battery.
Mens Rea of S47 ABH
Intention or recklessness as to an assault or battery.
Actus Reas of S20 GBH
Causing some harm.
Mens Rea of S20 GBH
Intention or recklessness as to causing some harm.
Actus Reas of S20 Wounding
Causing some harm.
Mens Rea of S20 Wounding
Intention or recklessness as to causing some harm.
Actus Reas of S18 GBH
Inflicting GBH.
Mens Rea of S18 GBH
Specific intention as to inflicting GBH.
Actus Reas of S18 Wounding
Inflicting a wound.
Mens Rea of S18 Wounding
Specific intention as to inflicting a wound.
Defenition of intention
Taking a decision to bring about a certain consequence (Mohan).
Defenition of recklessness
Foreseeing a risk but taking it anyway (Cunningham).
Assault - Ireland
Words or silence can amount to assault.
Assault - Constanza
Words do not have to be verbal.
Assault - Logdon
It does not matter if a threat cannot be carried out, so long as there is fear of immediate unlawful violence.
Assault - Lamb
If there is no fear of immediate unlawful violence, there cannot be an assualt.
Battery - DPP v K
The force can be applied indirectly.
Battery - Thomas
The slightest of touch is sufficient.
Definition of ABH
“Something not so trivial as to be wholly insignificant” (Chan Fook)
ABH - Chan Fook
Psychiatric injury can amount to ABH.
