NON-FATALS

• What is the offense called if there is no physical contact with the victim?

  Assault
• What is the maximum sentence for assault?

  Six months
• How is assault defined in common law?

  Making the victim apprehend immediate unlawful force
• What does "apprehend" mean in the context of assault?

  To expect immediate unlawful force
• What is the mens rea for assault?

  Intent or recklessness regarding apprehending force
• What is the actus reus of assault?

  Doing something that makes the victim expect force
• What is the offense called if there is any touching of the victim?

  Battery
• What is the actus reus of battery?

  Applying unlawful force to the victim
• What is the mens rea for battery?

  Intent or recklessness to apply force
• What is the umbrella term for assault and battery?

  Common assault
• What is the difference between assault and battery?

  Assault involves no contact; battery involves contact
• What is the legal framework for more serious offenses?

  Offenses Against the Person Act 1861
• What is the difference between harm and serious harm?

  Harm causes discomfort; serious harm is more severe
• What is section 47 in relation to non-fatal offenses?

  Actual bodily harm (ABH)
• What is the actus reus for ABH?

  An assault or battery that leads to harm
• What is the mens rea for ABH?

  Mens rea for assault or battery only
• What is GBH?

  Grievous bodily harm causing serious injury
• What constitutes a wound?

  Breaking the top two layers of skin
• What is the maximum sentence for section 18 offenses?

  Life imprisonment
• What is the difference between section 18 and section 20?

  Section 18 requires intent for serious harm
• What is the mens rea for section 20 GBH?

  Intent to cause some harm, not serious
• What is the significance of the victim's age in determining harm?

  It affects the seriousness of the offense
• What is the key takeaway regarding the different levels of offenses?

  Each level has distinct actus reus and mens rea
• What is the maximum sentence for section 20 GBH?

  Five years
• What is the relationship between assault and battery?

  They often occur together under common assault
• What should you consider when determining the offense in an exam?

  The state of mind of the defendant
• How does the actus reus differ between GBH and wounding?

  GBH involves serious harm; wounding involves skin breakage
• What is the significance of the case JCC versus Eisenhower?

  It clarifies the definition of a wound
• What is the difference between intent and recklessness in mens rea?

  Intent is purposefully causing harm; recklessness is ignoring risks
• What is the role of the CPS in determining offenses?

  They decide whether harm is serious or not
• What is the importance of understanding the different levels of offenses?

  It helps in accurately applying the law
• What is the significance of the phrase "causing serious harm"?

  It determines the level of offense charged
• What is the difference between statutory and common law offenses?

  Statutory offenses are defined by legislation
• What is the significance of the Criminal Justice Act 1967?

  It defines the maximum sentence for assault
• What is the role of intent in section 18 offenses?

  Intent must be specific for serious harm or wounding
• How does the law differentiate between minor and serious harm?

  Based on the severity and impact on the victim
• What is the importance of the victim's perspective in non-fatal offenses?

  It helps determine the nature of the offense
• What is the significance of the phrase "immediate unlawful force"?

  It defines the nature of the threat in assault
• What is the relationship between assault and battery in legal terms?

  Assault can occur without battery and vice versa
• What is the significance of the term "recklessness" in mens rea?

  It indicates awareness of risk but proceeding anyway