non fatal offence
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8 Terms
Non-fatal offence
Offence against the person which take the form of an attack directed at another person that do not result in death of the person.
Basic intent crime
The offence includes both intention and recklessness as part of the mens rea.
Specific intent crime
Offence only includes intention; no other level of mens rea will be sufficient.
Assault
Mens rea: intention or recklessness as to causing the victim to apprehend immediate unlawful force; actus reus: causing the victim to apprehend immediate unlawful force; basic intent; max sentence: 6 months.
Battery
Mens rea: intention or recklessness as to applying unlawful force; actus reus: applying unlawful force; basic intent; max sentence: 6 months.
S.47 OAPA 1861
Mens rea: intention or recklessness as to the initial assault or battery; actus reus: assault occasioning ABH; basic intent; max sentence: 5 years.
S.20 OAPA 1861
Mens rea: intention to inflict, or recklessness as to inflicting some harm; actus reus: unlawful and malicious wounding or inflicting GBH; basic intent; max sentence: 5 years.
S.18 OAPA 1861
Mens rea: intention to cause GBH or prevent/resist arrest; actus reus: unlawful and malicious wounding or causing GBH; specific intent; max sentence: life; indirect intention only needs to be applied.