Offences against the Person Act 1861 Flashcards Preview

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Flashcards in Offences against the Person Act 1861 Deck (20):
1

s.47 Assault Occasioning ABH
Actus Reus

Assault or battery
which causes
Actual bodily harm

2

Occasions taken to mean 'Which causes' S&S

Matter of causation must be proved: factual and Legal

3

'Actual Bodily Harm'

Donovan [1934]

"any hurt or injury calculated to intefere w/he health or comfort of [D]",provided it was more than transient and trifling."

4

'Actual Bodily Harm'

Chan-Fook [1994]

Non-physical harm falls within s. 47 provided that it constitutes some form of pschiatry injurt attested to by expert evidence. Confirmed in Burstow

5

'Actual Bodily Harm'

Burstow [1998]

Mere fright will not constitute abh, even where a nervous condition is induced, unless there is uncontroverted expert testtimony that V's state constitutesaform of phsyciatric injury.

6

Mens Rea

Intended or been reckless to the assualt or battery
No mental element w/ res[ect to ocassioning bodily harm.

7

S20 Maliciosly wouds or inflicts GBH
Actus Reus

Unlawful wounding or inflicting any grevious bodily harm

8

Unlawful

Excludes, GBH in self defence, prevention of crime, where the victim consents and chastisemenet of child.

9

Wounding

Moriarty v Brooks [1834]

A wound requires all the layers of the skin to be pierced. even a minor injury like a pin prick.

10

Wounding

JCC V Eisenhower 1984]

Wounding requires external element. Internal ruptures are not wounds.

11

GBH

Metheram [1961]

means "really serious harm"

Dica [2004]- infection by HIV constitutes.

12

GBH
Bollom [2004]`

totality of the injuries shhould be taken into account, it may be that no one particular injury is really serious yet taken as a whole, V's injuries may amount GBH.

13

Inflict

Synonym for cause - Burstow [1998]

14

Mens Rea

Malice = Intent or recklessness
Cunningham recklessness

15

S.18 Wounding Intent

Creates one offence w/ several modes of comission
a. Unlawfully and maliciously wounding:
-> (i)with intent to do GBH; or
->(ii)w/ inent to resist or prevent the lawful apprehension or detainer of any person.
b. Unlawfully and maliciously causing GBH:
-> (i) Intent to do GBH
->(ii) w Intent to resist or precent the lawful apprehension or detainer or any peron.

16

Mens Rea

Intention - In modes a(i), a(ii) , b(ii) this is an ulterior intent.

Only direct intent to cause GBH can be found. NO WOOLLIN!! in a(i) and a(ii)

b(i)- direct and oblique test used
a(ii) and b(ii) - D must intend to resist an apprehension or detention.
What is mens rea for lawfulness? D know that apprehension was lawful? seems like it.

17

Criticism

->Horder criticises the simplicity of the language, and would prefer a more specific wording of the statute as this would accurately define the conduct and the harm.

18

Commentary
Ashworth Principles

use of inflict,creates vagueness on requirement of causation. ALso the lack of mental element for causing ABH- gives rise to the question why separate act from assault or Battery?

19

Commentary
S& S

S&S S20 consider wounding alongside GBH- which may well involve diff magnitude of harm

20

Law Commision: Legislating the Criminal Code: Offences Against the Person and General Principles

The structure of the offences can also be criticised. There is no statutory definition of assault or battery and there are no clear boundaries between the offences