Non Fatal OAP

• Which statute is Common Assault charged under?

  Charged under S.39 of the Criminal Justice Act 1988
• What is the actus reus and mens rea for Assault?

  • Actus Reus: An act which caused the victim to apprehend immediate and unlawful force
  • Mens Rea: The defendant's intention or recklessness as to causing the victim to apprehend the use of force
• What were the facts of Logdon [1976] and what did it establish?


  • Empty threats constitute as assault
  • The defendant jokingly threatened the victim with a toy gun who was unaware that it was a toy and felt threatened
  • The court decided it was assault as he did anticipate force
• What were the facts of Ireland [1998] and what does it explain about assault

  • Doesn't need to be instantaneous but cannot be in the distant future
  • The defendant made numerous silent phone calls to women which left the victims in fear of violence
• What is the actus reus and mens rea for battery?

  • Actus Reus: The defendant's application of unlawful force to the victim
  • Mens Rea: The defendant's intention or recklessness as to applying such force to the victim
• Assault Occasioning Bodily Harm

  • Charged under s.47 Offences Against the Person Act 1861
  • The actus reus for assault or battery must be established
  • The defendant's conduct must be the factual and legal cause of ABH
  • Chan Fook [1994] - Defined ABH as an injury not so trivial as to be wholly insignificant
• Assault Occasioning Bodily Harm

  • Mens Rea: The same as for common assault and battery, no need to show intent/recklessness as to causing harm - Savage & Parmenter [1991]
  • The defendant threw a drink on someone but the glass slipped and cut the victim
• Wounding and Inflicting GBH

  • Charged under s.20 Offences Against the Person Act 1861
  • Magistrates Court: 6 months imprisonment
  • Crown Court: Up to 5 years imprisonment
• Wounding & Inflicting GBH with Intent

  • Charged under s.18 of OAPA 1861
  • Jury trial in Crown Court with punishment of life imprisonment
  • Magistrates Court: 6 months imprisonment and/or fine
  • Crown Court: Up to 5 years imprisonment
• What is the actus reus for Wounding & Inflicting GBH?

  • Caused a wound or GBH
• What is the actus reus for Wounding & Inflicting GBH with Intent

  • Caused a wound or GBH
• Which statute is Common Assault charged under?

  S.39 of the Criminal Justice Act 1988
• What is the mens rea for Wounding and Inflicting GBH with Intent?

  • Intent to cause GBH, the defendant personally foresaw that some harm might occur, and took the risk unjustifiably
• What is the mens rea for Wounding and Inflicting GBH with Intent?

  
  

  Intent to cause GBH, the defendant personally foresaw that some harm might occur, and took the risk unjustifiably
• What is the mens rea for Wounding and Inflicting GBH?

  • Intent/recklessness as to causing some harm