Non Fatal Offences Mindmap

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

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	Criado por Shannon Ward mais de 8 anos atrás