non fatal offences

• examples of non fatal offences?


  Assault, battery, ABH ,GBH
• what is assault?


  occurs where the accused, intentionally or recklessly causes another to apprehend immediate and unlawful violence will or maybe used against him.
• what offence is assault under?


  common law offence but s.39 criminal justice act 1988 decrees that they are summary offences and are punishable by a maximum of 6 months imprisonment.
• what does the actus reus of an assault require? 


  actions or words that causes the victim to apprehend immediate unlawful violence against them(ireland) clearly there does not need to be any physicals contact involved.
• what are the three main elements that must be proven in order to be guilty of the actus reus of an assault.?


  an act , something that causes the victim to actually apprehend the violence, threat of unlawful violence must be immediate.,
• Explain an act

  the first main element to assault is that there must be an act. An omission is not sufficient to constitute an assault. however words verbal or written can amount to an assault (r v constanza 1997) and even silence can amount to an assault ( R v Ireland)
• explain the victims must actually apprehend the violence


  it must be proved that the defendants actions caused the victims to apprehend immediate unlawful violence. This is done by a subjective test. so even if D actually tried to play a joke it will still be assault if v actually fears violence.
• what does the case of R v Lamb (1967) illustrate?


  pointing an unloaded gun at someone who knows its unloaded cannot be asault
• explain the threat must be imediate? give a case to support

  the victim must believe that immediate unlawful violence will be held upon them, the courts have taken the word immediate and suggested that it does nit mean instantaneous, but means imminent(very soon after) case: =smith v cheif of working police station
• what is a battery offence?

  Battery offense refers to the intentional or reckless and unlawful physical contact or harm inflicted upon another person.
• what offence is a battery?

  common law offence but s39 Criminal justice act 1988 decrees that it is a summary offence and punishable by a maximum of 6 months imprisonment.
• actus reus of a battery?

  the actus reus of a battery is the application of unlawful force to the victim(fagan)
• key info on actus reus of a battery

  • it has been made clear through the courts and various cases that there is no set definition of force (thomas) although the touching of a persons clothing may amount to touching the actual person, (day 1845 d slashed vs clothes) the courts will not sympathise if s person is overly sensitive.
• what does the cases of cole v turner and collins v wilcock illustrate?


  cole v turner- the slightest angry touch can amount to a battery. A gentle touch with no ill intention does not amount to a battery. collins v wilcock- lord goff said that nobody can complain a battery if you are in a busy street, supermarket, underground station nor a person can complain if they are within a friendship or their backs got slapped ( with reasonable force)
• what does the case of DPP v Santana illustrate?

  an omission can amount to a battery. when a police women was serching a mans pocket, the police asked whether there is sharp objects in the pockets and D said no. when the police out her hand in she was injured by a needle. this was enough to amount to a battery.
• example cases of a direct battery and indirect


  haystead v dpp (2000) D punched his girlfriend (direct) at the same time she was holding the baby and the punch caused her to drop the baby on its head (indirect). D was fount guilty of two charges of battery.
• What case illustrates that force does not need to be directly applied to amount to a battery?

  Dpp v K (1990) boys toilet acid in drier caused boy to have permanent scars.
• mens rea of a battery

  the intention (mohan) or subjective recklessness(cunningham) to apply unlawful physical force to another (venna).
• what is ABH?

  As described in s.47 of the offences against the Persons Act 1861, ' it is an offence for a person to commit an assault- occasioning Actual Bodily Harm'
• Abh is defined as an assault or battery causing the victim to apprehend immediate unlawful violence (assault) and the application of unlawful force (battery).
• Abh can also be defined as causing actual bodily harm, which the courts have decided means any hurt or injury which interferes with the health and comfort of the victim.(miller)
• The hurt or injury in abh does not have to be permanent but must be more than trivial. chan fook)
• what does the case of T v Dpp (2003) illustrate?

  the loss of consciousness, even momentarily was actual bodily harm.
• mens rea of Abh

  s.47 assault or battery is the intention (mohan/woolin) or subjective recklessness (cunnigham) to commit an assault or battery (Roberts) it should be proven that the accused intended or was subjectively reckless to causing v to apprehend unlawful violence or was applying physical force.
• what is the punishment of s.47 assault occasioning abh offence


  maximum of 5 years imprisonment.
• injuries that may amount to an abh

  bruises, scratches, black eye, broken tooth , broken finger ( thumb more seriuous)
• injuries that amount to a gbh

  paralysis, permeant loss of sense, broken bones (skull, jaw, face), substantial loss of blood.
• what does section 20 malicious wounding/inflicting GBH illustrate?

  the offence is described in s20 offences against the person act as : "whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any perosn , either with or without a weapon or instrument shall be guilty of an offence"
• maximum sentence of GBH

  5 years maximum for s47 gbh
• actus reus of gbh s20

  actus reus of s20 gbh/wounding is causing serious injury or a wound (lewis)
• mens rea of s20 gbh

  the intention or recklessness to cause serious injury or a wound (dica)
• what are the two aspects of the definition of actus reus of s20 gbh

  1. malicious wounding- break in two layers of skin (moriatary v brookes) 2.inflicting Gbh- Gbh means really serious injury.
• what does the case of moriarty v Brookes illustrate?

  The lord lyndhurst set the definition of a wound to be " if the skin is broken and there was a bleeding , that is a wound.
• what is the exception of wounds in gbh

  internal bleeding does not constitute to a wound: r v eisenhower 1984. there mist be a break in the continuity of the while skin.
• cases to support GBH


  R v Lewis- made a threat causing D to jump off the window breaking two legs. Enough to amount to a GBH through assault
• examples of injuries amounting to gbh/wounding

  biological (dica), psychological( burstow) courts held that psychiatric injury could amount to bodily harm, age and health courts held that GBH would take in to account the victim even if the force used would not cause the same injuries id inflicted to an adult
• mens rea of s20 gbh wounding

  intention or subjective recklessness to cause some harm
• section 18 wounding or causing gbh with intent - actus reus and mens rea


  this is the most serious form of non fatal offence . Actus reus- causing a wound or gbh (lewis) mens rea- intention to cause a wound or serious bodily harm (Belfon)
• maximun sentence of s18 gbh

  life imprisonment
• What is the difference between s18 and s20 Offences?

  For a s20 offence, the defendant must intentionally or recklessly wound or inflict grievous bodily harm on the victim. On the other hand, for a s18 offence, only a clear intention to wound, inflict GBH or resist or prevent a lawful arrest will be sufficient mens rea.