456502
| Questão | Responda |
| What are the five main types of non-fatal offences? | • Assault (Common law) • Battery (Common law) • Assault occasioning actual bodily harm (s.47, OAPA 1861) • Maliciously wounding or inflicting grievous bodily harm (s.20, OAPA 1861) • Wounding or causing grievous bodily harm with intent (s.18, OAPA 1861) |
| What is assault? | Defined in Fagan v Metropolitan Police Commissioner: any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence |
| What is the actus reus of assault? | Causing another person to apprehend immediate and unlawful violence. (If there is no apprehension there is no assault as seen in Lamb) |
| Can words or gestures constitute as an assault i.e. must there be a physical harm? | No there need not be a physical assault, as seen Stephen v Myers (Gesture) and Wilson (Words) and Ireland (silent phone calls) |
| Must the D fear violence in order for there to be an assault? | No, fear is irrelevant, the D must only apprehend immediate or unlawful violence |
| What did Constanza state in regards to unlawful violence being immediate? | That the apprehension of harm at any time not excluding the immediate future was sufficient for an assault. |
| What is the mens rea of assault? | The mens rea of an assault is INTENTION or RECKLESSNESS as to causing the victim to apprehend immediate physical violence. |
| What are the two questions you must to prove that there was Cunningham (Subjective)recklessness? | 1) Was the risk taken by D unjustifiable? 2) Did D recognise the risk but go on to take it anyway? |
| What is battery? | Intentionally or recklessly inflicting unlawful force upon another person as defined in Fagan v Metropolitan police commissioner |
| What is the actus reus of Battery? | Inflicting unlawful force |
| What is the mens rea of battery? | Intentionally or recklessly inflicting unlawful force |
| Does the unlawful force need to be aggressive or violent? | According to Cole v Turner, “the least touching of another” is sufficient for a battery. In Faulkner v Talbot battery it was also said that a battery “need not necessarily be hostile or rude or aggressive”. |
| Does the application of force need to be direct? | According to Martin, no The application of any force used need not be direct, but there must be force applied to the victim |
| What is assault occasioning actual bodily harm? | This offence under s.47, OAPA 1861 requires the defendant to commit an assault or battery which causes harm. The degree of harm required is “actual bodily harm”. |
| What is the actus reus of s.47 ABH? | 1) The AR of assault OR battery 2) Which causes (apply causation) 3) Actual bodily harm |
| What is 'actual bodily harm'? | Defined in Miller: any hurt or injury calculated to interfere with the health or comfort” of the victim. (Mere emotions do not count as seen in Chan-Fook) |
| What is the mens rea of s.47 ABH? | The mens rea of assault OR battery |
| What is s.20 GBH? | The offence is defined as "unlawful and malicious wounding, or, inflicting GBH, with or without a weapon…”. |
| What is the actus reus of s.20 GBH? | Unlawfully wounding or inflicting GBH |
| What does wounding mean? | That the inner and the outer skin must be broken - C v Eisenhower |
| What does grievous mean? | 'Really serious' as defined DPP v Smith |
| Can you inflict GBH without an actual assault? | Yes as seen in Dica where he transferred HIV |
| What is the mens rea of s.20 GBH? | Intention or recklessness about doing SOME HARM |
| What is s.18 wounding or causing GBH with intent? | Unlawfully and maliciously... wound or cause any GBH... with intent to commit GBH |
| What is the actus reus of s.18 GBH with intent? | Unlawfully wounding or causing GBH (for 'causing' remember to use causation rules) |
| What is the mens rea for s.18 GBH with intent? | Intention to cause GBH, or intent to resist or prevent lawful arrest (INTENTION ONLY APPLY NEDRICK WOOLIN TEST FOR OBLIQUE INTENT) |
| What is consent? | Consent is a defence to certain actions that would otherwise be offences against the person contrary to the 1861 Act. e.g. of consent given is: Sports, Surgery, tattooing and ear piercing, Implied consent (moving around in society) SEXUAL GRATIFICATION IS NOT A RECOGNISED EXCEPTION-Brown |
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