Assult

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  • Topic: Offences against the Person Act 1861, Assault occasioning actual bodily harm, Grievous bodily harm
  • Pages : 3 (472 words )
  • Download(s) : 26
  • Published : May 6, 2013
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Assault

Actus Reus

An assault is any act by which someone, intentionally or recklessly, causes another person to apprehend immediate and personal violence. Mens Rea
The Mens Rea for an assault is either the intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused. The test for recklessness is subjective. The Penalty

Section 47 of the offences against the persons act 1861 (an assault or battery which causes ABH) carries a maximum of 5 years in prison. Charging standards for this include, minor fractures i.e. broken finger, extensive bruising, cuts, kicking someone on the ground. Battery

Actus Reus
Any intentional or reckless touching of another person without the consent of that person and without lawful excuse. Mens Rea
Intention to apply unlawful physical force or, Being reckless as to whether such force is applied The Penalty
Section 47 of the offences against the persons act 1861 (an assault or battery which causes ABH) carries a maximum of 5 years in prison. Charging standards for this include, minor fractures i.e. broken finger, extensive bruising, cuts, kicking someone on the ground.

 

Actual Bodily Harm (ABH) under S.47

The offence of actual bodily harm is set out in S.47 Offences Against the Person Act 1861. This provides that it is an offence to commit an assault occasioning actual bodily harm. Whilst the statute only refers to assault, the offence may also be committed by a battery. In fact it is far more common for offences under s.47 to be committed by battery rather than by an assault. Actual bodily harm is a triable-either-way offence. The maximum sentence for ABH is 5 years imprisonment.  

Actus reus of ABH
 
• Assault or battery
• which causes
• Actual bodily harm

Wounding and GBH S.20 & S.18 OAPA 1861
 
The offences of wounding and GBH are found under two separate sections of the Offences Against the Person Act...
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