Written by students who passed Immediately available after payment Read online or as PDF Wrong document? Swap it for free 4.6 TrustPilot
logo-home
Document preview thumbnail
Preview 1 out of 1 pages
Summary

Summary Non Fatal Offences

Document preview thumbnail
Preview 1 out of 1 pages

Includes: - Assault - Battery - Actual bodily harm - Grevious bodily harm

Content preview

Contained in s.47 Contained in s.18 and s.20
OATPA 1861 OATPA 1861
NFOAP Charged under s.39 Criminal
Justice Act 1988


Assault Battery ABH - Some (assault GBH or wounding
occaisoning abh)



Actus Reus = Apprehension Actus Reus (Same for 18 n 20)
Actus Reus = An assault or = Unlawfully wound or inflict
immediate unlawful force. Actus Reus = Application of
battery (common assault) GBH on another person
immediate unlawful force.
Words or actions (Read v Coker) occasioning ABH.
Written (R v Constanza) Touching non-consensual (R v Wounding – Breaking both
Factual – but for (r v white), layers of skin (JCC v
Thomas)
Apprehend – V’s Belief (R v Ireland Legal – de minimus principle (r v Eisenhower)
[need not be rational]) Everyday social contact not pagett). Must cause ABH.
battery (Collins v Willock) GBH – Serious physical or
Immediate – or in near future Hurt or injury calculated to psychiatric injury (R v Brown
(Smith v CC of Woking, R v Can be direct or indirect (Haystead interfere with a person’s and Stratton, DPP v Smith)
Constanza) v DPP) comfort (R v Miller). psychiatric injury + inflict is
ABH can include psychiatric cause - r v burstow
injury (R v Chan-Fook- must be Mens Rea transmission (R v
Or disease
Mens Rea = Intentionally or more than trivial)
recklessly causing the AR. s.20 (triable-either way) =
Mens Rea
Mens Rea (see before) Intentionally or recklessly
Intentionally – aim or purpose Intentionally – A or B causing some harm (R v
(R v Mohan) Intentionally (R v Mohan)
Mowatt) - 5y
Recklessly – A or B
Recklessly – risk (R v Recklessly (R v Cunningham)
s.18 (indictable) = Intention
Cunningham) No additional MR needed to cause serious harm only.
(R v Roberts) Direct or oblique intention*
(R v Nedrick as confirmed in

R v Woolin) - life

Document information

Study Level
Subject
Uploaded on
June 6, 2024
Number of pages
1
Written in
2023/2024
Type
Summary
$7.34

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Sold
0
Followers
0
Items
30
Last sold
-




Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions