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- To be reckless as to committing the offence, one must realise the risk of it causing the outcome of causing a person to fear the immediate infliction of unlawful force, but carry on to take that risk anyway. Therefore, recklessness is a lower standard of mental element than intention to bring about that outcome.
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Jan 31, 2018 · There are three basic types of assault offence set out in law – common assault, actual bodily harm (ABH) and wounding / grievous bodily harm (GBH). They are primarily defined by the harm caused to the victim – with common assault at the lower end of harm and GBH at the upper end.
- Introduction
- Summary only Offences
- Either Way Offences
- Indictable-Only Offences
- Selecting The Most Appropriate Charge Or Charges
- Acceptability of Pleas
This guidance is intended to assist prosecutors by outlining key offences against the person and in particular, to assist with selecting the appropriate charge where there may be a choice. It is not an exhaustive account of all offences against the person but rather a guide to some key offences. In some circumstances prosecutors should also conside...
These offences carry a maximum penalty of six months’ imprisonment. The statutory time limit in section 127 Magistrates’ Court 1980will apply: proceedings must be commenced within 6 months of the date the offence was committed. Note the exception for domestic abuse battery, below.
The offences which are triable either in the magistrates’ court or Crown Court vary in their maximum penalty between 2 years’ imprisonment and 5 years.
The following offences triable only in the Crown Court carry a maximum sentence of life imprisonment.
The following approach process may assist prosecutors. First, determine the level of injury. Second, take a step back and, taking into account all the circumstances, select the appropriate charge.
Prosecutors should apply section 9 of the Code for Crown Prosecutors when deciding whether to accept pleas and also have regard to the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise. The case strategy in an offence against the person case will consider the offer of pleas, if they are ac...
The mens rea of assault is intention to cause the victim to apprehend immediate unlawful personal violence or being reckless as to whether such apprehension is caused.(MPC v Fagan [1969] 1Q.B. 439 case summary).
Nov 5, 2023 · In the case of battery (often colloquially referred to as assault), the prosecution must prove that the defendant intentionally or recklessly applied force to the victim. This includes any touch, however slight, provided it was hostile or unwanted.
An assault is any act that intentionally or recklessly causes the victim to apprehend immediate and unlawful personal injury or violence. If violence is threatened, there must be the ability to carry out the threat at the time.
Jun 4, 2019 · Inflicting grievous bodily harm to another person is the most serious form of assault. The offence of GBH can be committed in two ways: It can be intentionally inflicted, which is typically where the accused person is alleged to have intended to cause grievous levels of injury.
2.1.1 Actus Reus. The actus reus of assault is causing a person to apprehend the immediate application of unlawful force. This can be broken down into two key parts: The defendant causes victim to apprehend the use of force against them, and; The victim apprehends that use of force will be immediate.
