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How to prove Assault (actus reus)
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definition of assault
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Non fatal offences
| Question | Answer |
|---|---|
| How to prove Assault (actus reus) | 1. apprehend 2. immediate 3. unlawful force |
| definition of assault | (venna) an act when D intentionally or recklessly caused v to apprehend the immediate infliction of unlawful force. |
| men’s rea of assault | (savage) intention or recklessness (cunningham) to cause V to apprehend the immediate infliction of unlawful force. |
| sentence of assault | s.39 criminal justice act 1998: max sentance= 6months or £5000 fine |
| examples of assault | threatening them, scaring them |
| what does apprehend mean? | words or actions must cause fear (wilson) |
| what does immediate mean | needs to be imminent and not in the future (smith v superintendent of working police station) |
| what does unlawful force mean? | no consent or it’s not done out of self defence. |
| what offence is assault | a common law offence |
| what offence is battery? | a common law offence |
| define battery | (ireland) the application of unlawful force on another. |
| AR of battery | 1: unlawful force 2: direct (thomas) or indirect (fagan) force 3: act or omission (santa bermudez( |
| MR of battery | (venna) intention or recklessness (cunningham) to apply unlawful force to one another. |
| sentance of battery | s.39 criminal justice act 1998 max sentance = 6 months imprisonment or £5000 fine. |
| examples of battery | bruising, grazing , redding skin, swelling, spitting |
| ABH definition | s.47 offences against the person act 1861 offence to commit an assault occasioning actual bodily harm |
| AR of ABH | 1:assault 2:occasioning 3:abh |
| what does assault mean in term of abh | lead to ABH (can include battery) |
| what does occasioning mean | causation (factual legal intervening acts) |
| ABH in terms of AR | any hurts or injury calculated to interfere with the health of the victim (miller) (chan fook) all parts of the body (smith) including hair. |
| MR of abh | (robert) intention or recklessness (cunningham) to apply unlawful force to one another) same as assault or battery |
| sentance of abh | up to 5 years imprisonment |
| examples of abh | minor fractures, loss of consciousness, psychiatric injury |
| GBH s20 definition | s20 offences against the person act 1861, uts an offence to inflict unlawful GBh/ wounding |
| AR of GBH (s18/20) | 1:unlawful 2:wounding 3:gbh |
| what does wounding mean | break in the continuity of skin (eisenhower) |
| gbh in terms of AR | really serious injury (dpp v smith) (bollom) age taken into consideration |
| MR of GBH s 20 | (permenter) intention or recklessness (cunningham) to cause some harm |
| sentance of gbh s20 | could be 5 years imprisonment |
| examples of gbh (s18/20) | broken bones, loss of blood, displaced limbs, life threatening illness(dica) |
| gbh s18 definition | s18 offences against the person act 1861 it’s an offence to cause unlawful gbh or wounding with intent |
| MR of gbh s18 | (belfon) has to be repeated or planned, has a use of a weapon or prior threats. |
| sentance of gbh s18 | life imprisonment |
Created by:
cerys