Summary
Summary Non Fatal Offences
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- Institution
Includes: - Assault - Battery - Actual bodily harm - Grevious bodily harm
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Contained in s.47 Contained in s.18 and s.20OATPA 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
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