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- 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.
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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 ).
- Smith V Chief Constable of Woking
The woman saw him and screamed but he did not move but kept...
- R V Lamb
Mens rea intention; Mens rea reckless; Negligence in...
- Smith V Chief Constable of Woking
Jan 31, 2018 · Assault with intent to resist arrest (section 38 Offences against the Person Act 1861) This offence happens when someone commits a common assault at the time of a lawful arrest or detention with the aim of resisting or stopping the arrest, whether it is them or someone else being arrested.
- 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...
Jul 10, 2022 · Actus rea. The actus rea of ABH is the same as that of assault and battery, that is, for Sunita to have ‘applied personal violence upon a victim’. It is clear that the act in itself has satisfied the aforesaid necessary actus reus by Sunita making physical contact with Barbara to cause her fall.
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. (i) The defendant causes the victim to apprehend force.
There are three basis types of assault offence: common assault; actual bodily harm (ABH) grievous bodily harm (GBH)/ wounding; Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence.
Each of these offences requires both actus reus and mens rea to be established. The offence of assault is defined in the Criminal Justice Act 1988, section 39. Assault occurswhen a person intentionally or recklessly causes another to apprehend immediate unlawful personal violence.
