Essay --

It is clear from the f shapes it is a persona of non-fatal offences against the person. They include assault, battery, assault occasioning actual bodily harm which is sometimes lessen as ABH, maliciously wounds or inflicts grievous bodily harm and the give-up the ghost one wounding or causing grievous bodily harm. We lead start examining the most serious offences which are committed by Cyril accordingly moving to the least serious offences which are committed by Moby. It is notable that for in that respect to have liability both the elements of actus Reus and mens rea should be present go committing the offences. From the facts of the crusade, we noted that Cyril threatened to hit Moby and even waved his fist in the disperse at him. From this point of view Cyril rotter be liable for assault. appall is defined as a situation w here one person creates forethought of harm to another person . For assault to take place there is no need to apply force or make every physical contact with the person. The actus Reus here for assault is that there must(prenominal) be an act and that particular act caused the victim to apprehend the infliction of nimble unlawful force applying the principle set in the case of Fagan v Metropolitan practice of law Commissioner (1968) . Words spoken are sufficient to be qualified as an assault. This principle is set out in the case of R v Ireland Burstow . In our case the spoken words of Cyril and the act of raising his fit in the direction of Moby have undoubtedly created fear. It must be noted that it is sufficient that Moby thought that the physical violence was immediate, here applying the case of Smith v Chief Superintendent of Working Police Station . As mentioned above both the elements actus reus and mens rea should be present for an offence, we direct come the mens... ....Another offence under which Moby magnate be convicted is s47 for he stuck Cyril on head causing him to pass out for a hardly a(prenominal) m inutes. Applying the case of T v DPP a momentary loss of awareness is sufficient for s47. This is defined as occasioning actual bodily harm in addition referred as ABH. There are three elements for actus reus. There must be as assault or battery. We have already established that Moby might be convicted for battery. Another element is occasioning. Under this element we have to nurture that the battery caused the actual bodily harm. Establishing the but-for test , Cyril would not have lose his spectacles and blow out if Moby did not stick him. The bruises caused by the yin can be charged under s47 .The mens rea required here is that of battery . As we have already establish the mens rea it is most probably that Moby might be convicted under s47