08 Non-fatal Violence: Offences Against the Person

Question 1

What is the actus reus and mens rea for assault?

Answer 1

Actus reus: The defendant caused the victim to apprehend imminent unlawful force

Mens rea: The defendant intended or was reckless that the victim would apprehend imminent unlawful force

Question 2

What did Fagan [1969] find?

Answer 2

-Assault requires an act

Question 3

What did Venna [1975] instate?

Answer 3

-the mens rea requirement

Question 4

What is the actus reus and mens rea for battery?

Answer 4

Actus Reus: The defendant touched or applied force to the victim

Mens rea: The defendant intended or was reckless as to touching or applying force to the victim

Question 5

Can battery be committed by omission?

Answer 5

-Yes, following Fagan and Santa-Bemudez

Question 6

Why are everyday touchings not batteries?

Answer 6

• Implied Consent: when entering a crowded place we impliedly consent to the touching
• Necessity: it would be impossible to use the tube without touching someone

Question 7

What is the actus reus and mens rea for assault occasioning actual bodily harm s.47?

Answer 7

Actus Reus: The defendant must commit an assault or battery which causes the victim to suffer actual bodily harm

Mens rea: The defendant must intend or be reckless to the assault or battery

Question 8

What is required to find ABH?

Answer 8

• Chan-Fook [1993] - harm greater than mere touching
• DPP v Smith [2006] cutting off a ponytail can be ABH even though it is painless
• Ireland [1998] found that severe psychological injuries can be ABH

Question 9

Does the defendant need to have foreseen the ABH?

Answer 9

-No, following Savage & Parmenter [1992]

Question 10

What is the actus reus and mens rea for s.20 malicious wounding?

Answer 10

Actus reus: The defendant unlawfully wounded or inflicted GBH on the victim

Mens rea: The defendant foresaw that the victim might suffer some harm (any harm)

Question 11

What is meant by ‘wounding’?

Answer 11

-Breaking the continuity of the skin

Question 12

What is meant by GBH?

Answer 12

-Really serious harm - DPP v Smith [1961]

Question 13

What is the actus reus and mens rea for s.18 wounding with intent?

Answer 13

Actus reus: The defendant unlawfully wounded or caused GBH to any person (including himself)

Mens rea: The defendant intended to cause GBH or intended to resist or prevent a lawful apprehension

Question 14

What is the main difference between s.20 and s.18?

Answer 14

-The mens rea requirement for s.18 is more stringent as it requires an intention to cause GBH

Question 15

Explain the law on Disease Transmission/

Answer 15

• Disease transmission is a s.20 offence
• Dica [2004] and Konzani [2005] decided that if there was no consent to the disease transmission the offence will be committed