1B - Non Fatal Offences Against The Person

Question 1

Assault and battery are common law offences under which act?

Answer 1

s.39 Criminal Justice Act 1988

Question 2

What kind of offence is assault?

Answer 2

Summary offence with a sentence of 6 months

Question 3

What is the actus reus of assault?

Answer 3

Act causing the victim to apprehend immediate unlawful force

Question 4

What is the mens rea of assault?

Answer 4

The intention to cause another to fear immediate unlawful force or being reckless as to whether such fear is caused

Question 5

Which case an omission (failure to act) was not enough for assault?

Answer 5

R v Nelson

Question 6

Which case showed words can amount to an assault?

Answer 6

Constanza

Question 7

Which case showed silence can amount to an assault?

Answer 7

R v Ireland

Question 8

Which case showed that the victim must fear an unlawful force?

Answer 8

R v Lamb

Question 9

Which case showed that immediate does not have to be instantaneous?

Answer 9

Smith v CS of Woking Police Station

Question 10

What case showed that words can negate actions?

Answer 10

Tuberville v Savage

Question 11

Which case do you contrast with Tuberville v Savage?

Answer 11

Light

Question 12

What cases do you use to support the mens rea of assault?

Answer 12

Mohan, Woolin and Cunningham

Question 13

What kind of offence is battery?

Answer 13

Summary offence with a sentence of 6 months

Question 14

What is the actus reus of battery?

Answer 14

The application of unlawful force to another person

Question 15

What is the mens rea of battery?

Answer 15

intending either to apply unlawful force or being reckless as to whether unlawful force is being applied

Question 16

Which cases show that force and even the slightest touch can be enough to amount to a battery?

Answer 16

Collins v Wilcock

Question 17

Which case shows that even touching a person’s clothing can be assault?

Answer 17

R v Thomas

Question 18

Which case shows that a battery can be by continuing act?

Answer 18

Fagan v MPC

Question 19

Which case shows that the failure to tell if a needle was sufficient for battery?

Answer 19

DPP v Santa-Bermudez

Question 20

Which cases show the application of unlawful force can be an indirect act?

Answer 20

DPP v K

Question 21

What is the definition of application of unlawful force?

Answer 21

genuine consent isn’t given and either express or implied and not in self-defence

Question 22

What are some examples of possible battery’s without there being an assault?

Answer 22

Pushing somebody from behind, touching a blind person and if the victim doesn’t think the threat will be carried out

Question 23

Where can the offence of ABH be found?

Answer 23

s.47 Offences Against The Person Act 1861

Question 24

What kind of offence is ABH

Answer 24

Triable either way offence with a sentence of 5 years

Question 25

How is ABH defined?

Answer 25

Whosoever shall be convicted of any assault occasioning actual bodily harm shall be liable to imprisonment for 5 years

Question 26

What is the actus reus of ABH?

Answer 26

assault occasioning ABH

Question 27

What is the problem with the actus reus of ABH?

Answer 27

There's no definition of 'assault' or 'bodily harm' in the actus reus

Question 28

What does assault in s.47 mean?

Answer 28

It means common assault - assault or battery

Question 29

What is the mens rea for ABH?

Answer 29

It's the mens rea for the underlying assault or battery

Question 30

What does 'occasioning' mean?

Answer 30

Causing - normal rules of causation apply

Question 31

How is mens rea for the underlying assault or battery defined for ABH?

Answer 31

MR for assault OR MR for battery There does not need to be any intention or subjective recklessness as to causing harm

Question 32

What is the problem with the mens rea for ABH?

Answer 32

Assault alone is about 6 months, but ABH is 5 years. The mens rea is the same even if they didn't intend to cause harm just apply force. Unfair to the D but fair to the V

Question 33

Where can the offence of GBH be found?

Answer 33

Offences against the person act 1861

Question 34

Which section is GBH with intent in?

Answer 34

s.18

Question 35

Which section is GBH without intent in?

Answer 35

s.20

Question 36

What is the actus reus of s.20 OAPA 1861?

Answer 36

to unlawfully wound or inflict GBH

Question 37

What is the difference between s.18 and s.20 OAPA 1861?

Answer 37

s.20 says wound or cause whereas s.18 says wound or inflict

Question 38

What does inflict mean?

Answer 38

It means 'causing' thus meaning the actus reus of s.20 and s.18 are the same and we use the same cases - doesn't need an assault or a battery to cause it (normal rules of causation apply) - R v Burstow

Question 39

What is the actus reus of s.18 OAPA 1861?

Answer 39

to unlawfully wound or cause any GBH OR resist/prevent arrest

Question 40

What is the mens rea of s.18 OAPA 1861?

Answer 40

maliciously and intention to do some GBH OR with intent to resist or prevent the lawful apprehension or detainer of any person recklessness isn't enough to satisfy the offence - P must prove D's purpose is to cause GBH **(Belfon)** - intention to wound is not enough **(Taylor)** - P must prove D had intention to resist/prevent arrest but only that he was reckless as to whether his actions would wound or cause injury **(Morrison)**

Question 41

What is a wound?

Answer 41

Cut or break in all layers of skin - ie not a scratch It can be a break in internal skin eg. bleeding inside the mouth but not internal bleeding. A nose bleed may not be a wound if its a result of internal damage - JCC v Eisenhower

Question 42

Mens rea for s.20 OAPA 1861?

Answer 42

The intention or subjective recklessness as to causing some harm albeit not serious harm **(Parmenter)** 'maliciously' doesn't require any ill will **(Cunningham)** And there is no need for the D to foresee a risk of wound or serious harm - only some harm

Question 43

Maliciously in s.18 OAPA 1861?

Answer 43

Held that maliciously adds nothing where GBH is intended

Question 44

What about resisting arrest in s.18 OAPA 1861?

Answer 44

The prosecution must prove D had the intention to resist or prevent arrest but only that he was reckless as to whether his actions would wound or cause an injury

Question 45

What is GBH?

Answer 45

- 'really serious harm' **DPP v Smith** - 'serious harm' held that 'serious' added nothing **Saunders** - take into account V's age and health **Bollom** - serious psychiatric harm can be GBH **Burstow** - can be disease **Dica** - does not need contact **Martin**