• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Looking at the offences of Assault, Battery, Actual bodily harm and Grievous really serious bodily harm.

Extracts from this document...

Introduction

For this assignment I will be looking at the offences of Assault, Battery, Actual bodily harm and Grievous 'really serious' bodily harm. Common assault and a Battery are under S39 of the criminal justice act and are only classed as summary offences. If a defendant commits one or both of these offences then he/she will be liable for a fine or can be given a custodial sentence for up to six months. For the actus reus of assault it must be recognized that there was an act, that caused a person to fear, that immediate unlawful force is about to be used against them. For assault there doesn't even need to be any applied force, all that's needed is fear that they were going to be attacked. The fear could be simply raising your hand or running towards someone and this would, in law, constitute the actus reus of assault. To commit an assault all that is needed are words and this can be seen in the case of Constanza (1997). In this case the defendant had written 800 letters and made numerous phone calls to the victim. The House of Lords stated that silent phone calls can amount to an assault and this can be seen in the cases of R v. Ireland and Burstow. Usually it must be made certain that the victim feared an immediate infliction of force at that moment. ...read more.

Middle

Firstly I am going to look at the actus reus of the offence. When committing this offence, the defendant must have committed an assault or a Battery. The first necessity is therefore, to prove the actus reus of an assault or a Battery. Then the prosecution must then prove whether or not the assault and/or Battery caused ABH. In the case of Ann and Ben, the attack was more than a simple assault or Battery. In Miller (1954) the court stated: 'Actual bodily harm includes hurt or injury calculated to interfere with health or comfort. It was also accepted that ABH included not just physical harm, but also psychological injury will only count as ABH; if it is a clinically recognisable condition. "The defendant, in R vs. Chan-Fook aggressively questioned a man who he suspected of sealing his fianc´┐Że's jewellery. He then dragged him up stairs and locked him in to a room. The victim by this point was frightened of what the defendant would do on his return. The victim soon after attempted to escape through the window, but injured himself when he fell to the ground". "The defendant went in to a local pub, where she spotted her husband's new girlfriend having a drink with some friends. She went up to the table where the group were sitting, intending to throw a pint over the woman. On reaching the table, she said 'Nice to meet you darling' and threw the beer but, as she did so, she accidentally let go of the glass, which cut the woman's wrist. ...read more.

Conclusion

For behaving in this way he was charged with inflicting GBH under S.20 of the offences against the person act 1861. On appeal of his conviction the defendant argued that the requirements of the term 'cause' had not been satisfied. The court of appeal and House of Lords dismissed the appeal. The HL stated that: Section 20 could be committed where no physical force had been applied (directly or indirectly) on the body of the victim. I am now going to look at the mens rea of the offence. The mens rea for this offence is defined under the word 'maliciously'. In Cunningham it was stated that for the purpose of the 1861 Act maliciously meant 'intentionally or recklessly' and reckless is used with a subjective meaning. In the case of Mowatt (1967) established that there is no need to intend or be reckless as to cause GBH or wounding. The defendant does only need to intend, to be reckless or his or her acts could have caused some physical harm. As Lord Diplock said: "it is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of the gravity described in this section, i.e. wound or some physical injury. It is enough that he should have foreseen that some physical harm to some person, albeit of a minor character might result." This can be seen in the case of DPP v Parmenter (1992). To conclude Ann should be convicted of a section 20 offence because. ?? ?? ?? ?? Christopher Wylie Non-fatal Offences Access to Law 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Non-Fatal Offences - Notes and Evaluation.

    This means that the defendant must intend or be reckless as to whether the victim fears or is subjected to unlawful force. There is no need for the defendant to intend or be reckless as to whether actual bodily harm is caused.

  2. There are two ways of committing common assault which are assault and battery. Both ...

    In this case court found that the victim's state of mind was not only terror but terror of some immediate violence. Therefore statement shows that it is the immediacy of violence which must be proven and not the immediacy of fear.

  1. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    Gross negligence manslaughter Gross negligence manslaughter is related to involuntary manslaughter where the defendant is acting lawfully. Rv Adomako (1995) There was a case where an anesthetist failed to notice that a tube had become disconnected from the ventilator and the patient died.

  2. Recognition Of Necessity

    He spoke of the indicated defences having the same limitation in a sense that if you do not do this the abstract would happen. In reciprocal to the integration of necessity into duress the main trigger as to the defence of necessity being individual came from the case of Re A (2000).

  1. Explain the meaning of Actus reus and mens rea

    reus of a crime but the result is slightly different to that planned then the mens rea is transferred to the actual result. For example if A wants to kill B and shoots but misses and kills C then A is still liable for murder as his malice (intent)

  2. Critically discuss the Labour Governments record of crime control since coming to power in ...

    in 2004-5, and BCS crime levels were three times higher than the recorded crime levels, although most of it is not very serious; unreported crimes generally involve much lower levels of financial loss, damage, and injury than those reported to the police; in 2004-5, 71% of the comparable subset of

  1. How Satisfactory Is The Current Law On The Deception Offences?

    This would suggest that if the victim admits not caring whether the defendant's representation was true or false, an acquittal must follow. But, in Charles, an underlying link was implied even though the victim admitted not considering the question of whether the bank would or would not honour the cheque.

  2. Nina runs a burger bar. She puts up a sign in the window saying ...

    by failing to disclose information is viable, but fraud by false representation was a more logical and obvious argument to pursue. Quince - Fraud by failing to disclose information This is not theft as shown by AG Reference (No.1 of 1985), as the concept of theft by importing the equitable

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work