70114 Study Guide - Final Guide: Assault Occasioning Actual Bodily Harm, Crimes Act 1900, Actus Reus
Document Summary
Responsibility to prove to the jury that the defendant is guilty. Legal burden is on the defendant not the prosecution. Responsibility to prove to the jury level of insanity at time of incident. Beyond reasonable doubt jury has to be convinced of the outcome without doubt. Balance of probability (cid:498)more probable than not(cid:499) Prosecution must prove all elements of the offence beyond a reasonable doubt woolmington v dpp. Presumption that the act was voluntary (the accused can rebut this by satisfying an evidentiary burden) Whoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years. Actus reus: application of unlawful contact, without consent of victim. Must be an act not an omission fagan v commissioner of metropolitan police [1969] Application of force is unlawful unless v has consented r v clarence (1888) People can consent to actual bodily harm brown [1994] Actus reus: threatened application of unlawful contact, v reasonably apprehends/fears.
