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Criminal Law: Burden of Proof, Assault, and Grievous Bodily Harm, Study notes of Criminology

Heriot-Watt UniversityCriminology

An overview of the legal concepts of burden of proof, assault, and grievous bodily harm in criminal law. It covers the responsibilities of the prosecution and the defendant, the standard of proof, and the elements of assault and aggravated assault. It also discusses the actus reus and mens rea requirements for assault and the definition of grievous bodily harm.

What you will learn

  • What is the standard of proof in criminal law?
  • What is the burden of proof in criminal law?
  • What are the elements of assault in criminal law?

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

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kyran 🇬🇧

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BASICS&
&
Burden&of&Proof&(onus)&
Standard&of&Proof&
Elements&of&Offence&(e.g.&
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prosecution/crown&à&
Responsibility&to&prove&to&the&
jury&that&the&defendant&is&guilty&
Beyond0reasonable0doubt&à&Jury&
has&to&be&convinced&of&the&
outcome&without&doubt&
Insanity&and&s&23A&
Legal&burden&is&on&the&
defendant&not&the&prosecution&
à&Responsibility&to&prove&to&the&
jury&level&of&insanity&at&time&of&
incident&
Balance&of&probability&à&“more0
probable0than0not”&
- Other&defenses&
&
- Involuntariness&
- Evidential&burden&on&
the&defendant&
- Legal&burden&on&the&
prosecution&
- Provision&of&evidence&
à&Reasonable0
possibility&
- Beyond0reasonable0
doubt&
&
Prosecution&must&prove&all&elements&of&the&offence&beyond&a&reasonable&doubt&à&Woolmington)v)DPP!
[1935]!
Presumption&that&the&act&was&voluntary&(the&accused&can&rebut&this&by&satisfying&an&evidentiary&burden)&
à&Falconer!(1990)!
ASSAULT:&COMMON&ASSAULT&
Whoever&assaults&any&person,&although&not&occasioning&actual&bodily&harm,&shall&be&liable&to&
imprisonment&for&2&years&
S&61&–& BATTERY&
ACTUS&REUS&
1. Application&of&unlawful&contact&
2. Without&consent&of&victim&
Must&be&an&act&NOT&an&omission&à&Fagan)v)Commissioner)of)Metropolitan)Police![1969]!
Application&of&force&is&unlawful&unless&V&has&consented&à&R)v)Clarence)(1888)!
People&can&consent&to&actual&bodily&harm&à&Brown)[1994]!
MENS&REA&
1. Intentionally/Recklessly&apply&unlawful&contact&
S&61&-& PSYCHIC&ASSAULT&
pf3

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Download Criminal Law: Burden of Proof, Assault, and Grievous Bodily Harm and more Study notes Criminology in PDF only on Docsity!

BASICS

Burden of Proof (onus) Standard of Proof Elements of Offence (e.g. Murder) Legal burden on the prosecution/crown à Responsibility to prove to the jury that the defendant is guilty Beyond reasonable doubt à Jury has to be convinced of the outcome without doubt Insanity and s 23A Legal burden is on the defendant not the prosecution à Responsibility to prove to the jury level of insanity at time of incident Balance of probability à “more probable than not”

  • Other defenses
  • Involuntariness
    • Evidential burden on the defendant
    • Legal burden on the prosecution - Provision of evidence à Reasonable possibility - Beyond reasonable doubt Prosecution must prove all elements of the offence beyond a reasonable doubt à Woolmington v DPP [1935] Presumption that the act was voluntary (the accused can rebut this by satisfying an evidentiary burden) à Falconer (1990)

ASSAULT: COMMON ASSAULT

Whoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years

S 61 – BATTERY

ACTUS REUS

  1. Application of unlawful contact
  2. Without consent of victim Must be an act NOT an omission à Fagan v Commissioner of Metropolitan Police [1969] Application of force is unlawful unless V has consented à R v Clarence (1888) People can consent to actual bodily harm à Brown [1994]

MENS REA

  1. Intentionally/Recklessly apply unlawful contact

S 61 - PSYCHIC ASSAULT

ACTUS REUS

  1. Threatened application of unlawful contact
  2. V reasonably apprehends/fears
  3. Imminent unlawful contact Threat must be sufficiently imminent (issue with phone calls and their lack of imminence) à Knight (1998)

MENS REA

  1. Intentionally/Recklessly creating apprehension of imminent unlawful contact

ASSAULT: AGGRAVATED ASSAULT

S 33 – WOUNDING OR GRIEVOUS BODILY HARM WITH INTENT

  • Specific intent offence (intoxication is relevant)
  • Max penalty = 25 years à Standard non-parole of 7 years

ACTUS REUS

  1. Wounding or GBH GBH is defined as ‘really serious bodily harm’ à R v Perks (1986) Further GBH definition: S 4 Crimes Act 1900 (NSW)
  • The destruction of a foetus
  • Any permanent or serious disfiguring of the person
  • Grievous bodily disease Wound à Any injury which breaks through the whole skin (both inner and outer) à Vallance v R

MENS REA

  1. Intent to wound or cause GBH

S 35 – RECKLESS GRIEVOUS BODILY HARM OR WOUNDING

ACTUS REUS

  1. Wounding or GBH

MENS REA

  1. Reckless as to the possibility of ABH (makes it easier for the prosecution to prove)

S 59 – ASSAULT OCCASIONING ACTUAL BODILY HARM

ACTUS REUS

  1. Common assault (battery or psychic assault)
  2. Occasioning of actual bodily harm Actual bodily harm has an ordinary meaning – must be more than transient or trifling à R v Donovan (1934) ABH can be psychiatric (reduced mental state which amounts to ABH) à R v Chan-Fook [1994]