2: Non-fatal offences

Question 1

What is assault charged under

Answer 1

s39 CJA 1988

Question 2

Maximum statutory sentence for assault

Answer 2

6 months imprisonment

Question 3

What type of offence is assault/battery

Answer 3

Common Law

Question 4

AR of assault

Include case

Answer 4

A physical act done by D that causes the V to apprehend immediate unlawful personal violence

R v Nelson

Question 5

Explain ‘act’ / causes

Answer 5

• can’t be an omission; must be positive/voluntary act
• silent phone calls (Ireland)
• written or spoken word (Constanza)
• words can negate an assault (Tuberville v Savage)

normal rules of causation apply

Question 6

explain ‘apprehend’

Answer 6

there must be apprehension (fear) (Logdon v DPP)

Question 7

explain ‘immediate’

Answer 7

The definition of “immediate” doesn’t have to be instantaneous, can be ‘in the immediate future or imminent’

Smith v Supt of Woking

Question 8

MR for assault

Include case

Answer 8

D must intend to make V fear immediate unlawful violence or be reckless as to whether such an apprehension is caused

Venna (recklessness is sufficient MR for assault)

Question 9

What is battery charge under

Answer 9

s39 CJA 1988

Question 10

Maximum mandatory sentence for battery

Answer 10

6 months imprisonment

Question 11

What type of offence is battery

Answer 11

Common law

Question 12

AR for battery

Answer 12

application of unlawful force onto V

Question 13

explain application of force

Answer 13

“any touching of another person, however slight, may amount to battery” (Collins v Wilcock)

touching clothes is sufficient (Thomas)

can be indirect (Haystead, DPP v K)

can be an omission IF under a legal duty to act (DPP v Santa-Bermudez)

Question 14

explain unlawful force

Answer 14

no consent and no pain or harm

not an arrest of detainment from police

Question 15

MR for battery

include case

Answer 15

intention to apply unlawful force to another OR recklessness as to whether such force is applied

R v Venna

Question 16

What is ABH charged under

Answer 16

s47 OAPA 1861

Question 17

Maximum sentence for ABH

Answer 17

5 year’s imprisonment

Question 18

Defenition of ABH

Answer 18

Assault occasioning actual bodily harm

Question 19

AR for ABH

Answer 19

common assault that causes actual bodily harm

Question 20

AR for ABH:
‘common assault’

Include cases

Answer 20

D must first commit an assault or battery

Assault: R v Nelson, R v Ireland, R v Constanza, Logdon v DPP, Smith v Supt of Woking, R v Venna

Battery: Collins v Wilcock, R v Thomas, R v Haystead, DPP v K, DPP v Santa-Bermudez, R v Venna

can be indirect DPP v K

Question 21

AR for ABH:
‘occassioning’

Answer 21

means ‘causes’:

normal rules of causation apply (factual, legal, no breaks in chain)

Question 22

AR for ABH:
‘actual bodily harm’

include cases

Answer 22

R v Chan Fook:

1) ‘actual’ means not so trivial as to be wholly insignificant
2) ‘harm’ is injury which goes beyond interference with the health and comfort of the V
3) ABH covers physical, psychiatric and clinical conditions but not emotions such as fear, distress or panic

Burstow: ‘bodily harm’ includes recognisable psychiatric illness

cutting hair (DPP v Smith)
loss of consciousness (R(T) v DPP)

Question 23

MR for ABH

Include 3 cases

Answer 23

the same as for the common assault (assault or battery)

Roberts, Savage, Parmenter:
D doesn’t have to foresee or intend the harm

Question 24

lower level of GBH

Answer 24

Malicious wounding or inflicting grievous bodily harm

Question 25

What is ‘malicious wounding or inflicting GBH’ charged under

Answer 25

**s20 OAPA 1861**

Question 26

AR for s20 GBH

Answer 26

wound or cause GBH

Question 27

AR for s20 GBH: ‘wound’ Include 2 cases

Answer 27

An injury by which there is a break in the continuity of the skin or causes bleeding **Moriarty v Brooks** **R v Eisenhower** (cannot be internal injuries)

Question 28

‘cause’

Answer 28

normal rules of causation apply can be indirect (**Martin**)

Question 29

AR for s20 GBH: ‘grevious bodily harm’

Answer 29

GBH means ‘serious harm’ (**Saunders**) OR ‘really serious harm’ (**DPP v Smith**) GBH includes biological harm (transmission of disease) (**Dica**) GBH includes recognisable psychiatric illness (**Burstow**) V’s age and health can affect the severity of the injuries (**Bollom**) Question of what amounts to really serious harm is an objective test (**Brown & Stratton**)

Question 30

MR for s20 GBH

Answer 30

Intentionally or recklessly causing ‘some harm’. **R v Mowatt** D doenst have to intend or foresee serious harm **R v Savage R v Parmenter**

Question 31

higher level of GBH

Answer 31

Malicious wounding or inflicting Grievous Bodily Harm with Intent

Question 32

what is Malicious wounding or inflicting Grievous Bodily Harm with Intent charged under?

Answer 32

**s18 OAPA 1861**

Question 33

AR for s18 GBH

Answer 33

Same as for s20 GBH: wound or cause GBH

Question 34

MR for s18 GBH include cases

Answer 34

intention to cause serious harm **Taylor**: intention to wound is not enough **R v Belfon**: Recklessness is insufficient for s18 GBH