Zusammenfassung der Ressource
Non Fatal Offences Mindmap
- Assault
- Actus Reus
- No physical contact
required towards the
Victim.
- The Victim must apprehend violence, so
the Victim must be afraid of the threat
made towards them.
- The threat must be of immediate
violence.
- Mens Rea
- Can either be Intension or
Recklessness.
- Sentencing
- Imprisonment can vary but the maximum is 6 Months.
- An definition of a threat was made in Constanza 1997,
this is 'fear of violence at some time not excluding the
immediate future'.
- Battery
- Actus Reus
- Application with Unlawful Force.
- Mens Rea
- Can either be
Intension or
Recklessness.
- Can be touching of another person
without consent however small the
touch is.
- Doesn't have to be directly
inflicted, can be committed by an
Omission.
- In Martin
1881, it was
stated that
violence
didn't have
to be directly
inflicted.
- ABH
- Actus Reus
- Caused by Bodily Harm or
Occasioning Bodily Harm.
- Mens Rea
- Proof that the
Defendant had
the Mens Rea of
Assault/Battery
that was
committed in
the first place,
this is called
'Half Mens Rea'.
- This includes mental and
psychological harm.
- Assault Occasioning Actual Bodily
Harm, Section 47 of the OAPA
1861.
- In a case named T v DPP 2003, a momentary loss of consciousness was considered as ABH.
- GBH - Section 20
- Actus Reus
- Some harm to the Victim, this
includes mental and
psychological harm.
- Mens Rea
- Can be either Intension or
Recklessness
- Sentancing
- Sentancing can vary from 6
Months to 5 years
imprisionment.
- A Wound is anything that breaks the
second layer of the skin, the Dermis.
- Can include internal
cavities, eg. Nose and
Mouth.
- Biological GBH is passing on a
disease, for example, AIDS.
- Internal injuries
and broken bones
are Bodily Harm,
also includes
psychological
illnesses.
- DDP v Smith
states that
GBH means
'really serious
harm'.
- GBH with Intent - Section 18
- Actus Reus
- Serious Harm to the Victim,
this includes mental and
psychological harm.
- Mens Rea
- Can only be with Intension,
Recklessness is not allowed for GBH
with Intent (Section 18).
- Sentancing can
vary from 5 years
up to life
imprisonment.