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Non-fatal offences (Battery - s39 Criminal Justice Act 1988 (Actus reus:…
Non-fatal offences
Battery -
s39 Criminal Justice Act 1988
Actus reus:
Unlawful application of force to another person
Slightest touching can amount to the use of force and constitute to battery
(Thomas)
.
Battery must be committed by a positive act not omission
(Fagan)
.
Battery can be committed directly or indirectly
(DPP v K)
.
Mens rea:
Intention or recklessness
D must intend to apply force or be reckless with regards to this.
Intentionally or recklessly applying unlawful force to another person
Actual Bodily Harm -
s47 Offences Against the Person Act 1861
Actus reus:
An assault or battery that causes actual bodily harm.
Must be shown that D has committed assault or battery that occasioned (CAUSED) actual bodily harm
ABH can be physical or psychiatric
(Chan-Fook)
.
ABH defined as "any injury that is not so trivial as to be wholly nsignifiant
(Chan Fook)
.
Mens rea:
Intention or recklessness as to an assault or battery.
Mens rea for S47 is the mens rea for the assault or battery.
No requirement that D intended ABH or even realised it could happen
(Savage)
.
(Assault/ Battery)
Wounding/ Grievous Bodily Harm -
s20 and s18 Offences Against the Person Act 1861
Actus reus:
Causing a wound or GBH
Both S20 and S18 share the same actus reus, for both offences it is only necessary to prove either wounding or GBH.
Definition of wounding: A break in the upper and lower epidermis of the skin. Transmission of disease constitutes to GBH
(Dica)
.
GBH interpreted to mean "really serious harm"
(DPP v Smith)
and subsequently "serious harm"
(Saunders)
.
GBH can be inflicted directly or indirectly
(Martin)
and can also include psychiatirc injury
(Ireland; Burstow)
.
Mens rea S20:
Intention to cause some harm or be reckless.
Mens rea s18:
Intention to cause serious harm.
Mens rea for
S20
provided by word "maliciously" which means intention to cause some harm or recklessness as to some harm occuring
(Mowatt)
.
Mens rea for
S18
term "maliciously" has no meaning
(Mowatt)
and is provided by the words "with intent".
S20:
Unlawful and malicious wounding or inflicting GBH
S18:
Unlawful and malicious wounding or causing GBH with intent.
Assault -
s39 Criminal Justice Act 1988
Actus reus:
Causing another person to apprehend that immediate violence will be used against them.
An assault can be committed by actions, words or both
(Ireland; Burstow).
"A thing said is a thing done -
Lord Steyn
.
A future threat is NOT an assault
(DPP v Ramos).
The key to assault is the BELIEF of the victim.
The word APPREHEND means CAUSE TO BELIEVE. The meaning of IMMEDIATE is not clearly defined - something in the near future. imminent
(Constanza)
.
Mens rea:
Intention or recklessness as to whether apprehension is caused.
D must intend to cause victim to apprehend immediate unlawful violence or be reckless as with regards to this.
Intention - Aim or purpose
(Mohan)
or recklessness where D realises the risk that what they are doing could cause V to apprehend
(Cunningham)
.
Intentionally or recklessly causing another person to apprehend immediate unlawful violence.