Non-fatal Offences

Actus Reus/Mens Rea Definitions + Cases

Assault AR definition + cases

AR- V apprehends immediate and unlawful force

Smith v Woking- immediate = imminent future

Ireland- silence can constitute an assault

Constanza- words can amount to an assault

Tuberville v Savage- words can negate an assault

Assault MR definition + cases

MR- intention or recklessness as to causing AR

Mohan- main aim or purpose

Cunningham- aware of risk but still took it

Logdon- reasonable cause to fear that force was about to be inflicted on V

Battery AR definition + cases

AR- application of unlawful force

Collins v Wilcox- no harm/pain needed

Thomas- slightest touch = battery

DPP v Khan- indirect force

Battery MR definition + cases

MR- intention or recklessness as to cause AR

Mohan- main aim or purpose

Cunningham- aware of risk but still went ahead and took it

S.47 AR definition + cases

AR- assault/battery occasioning ABH

Chan Fook- psychiatric injuries must have medical evidence

T v DPP- momentary unconsciousness

DPP v Smith- harm doesn’t neccesarily mean pain

S.47 MR definition + cases

AR- intention or recklessness as to causing an assault or battery

Roberts/Savage- no need to foresee ABH

Mohan

Cunningham

S.20 AR definition + cases

AR- inflicting GBH/wound

Martin- no need to foresee GBH/wound

Saunders- serious harm

Brown and Stratton- collection of injuries

Eisenhower- break in continuity of the skin

S.20 MR definition + cases

MR- ‘malicious’ intention or recklessness, causing SOME harm

Mowatt- no need to foresee GBH/wound

Mohan

Cunningham

S.18 AR definition + cases

AR- causing GBH/wound

Dica- biological harm (STD’s)

Bollom- jury can consider V’s characteristics (babies)

Belfon- must prove specific intent for a S.18

S.20 MR definition + cases

MR- intention to cuase GBH

Taylor- only intent for GBH required (not wound)

Mohan

Woollin- outcome must be a virtual certainty (if indirect)