7- Non Fatal Offences Against the Person

Question 1

Maxime time for ABH?

Answer 1

5 years

Question 2

Maximum time for S20 wounding or GBH?

Answer 2

5 years

Question 3

Maximun time for S18 wounding or GBH?

Answer 3

Life

Question 4

Common element - Unlawful

Answer 4

Each of the NFOAPs require the personal violence or application of force to be unlawful.

Question 5

Self defence/Prevention of crime

Answer 5

S.3 Criminal Law Act 1967

A person may use such force as is reasonable in the circumstances in the prevention of crime or to resist arrest

Question 6

Consent

Answer 6

A-G ref no 6 1980 – A person can only consent to an assault and battery (not ABH, GBH or wounding)

Question 7

What does assault mean?

Answer 7

MPC v Fagan 1969
“An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence”

Question 8

What is the punishment for assault?

Answer 8

Max six months imprisonment

S.39 Criminal Justice Act 1988

Question 9

What the elements of assault- actus reus?

Answer 9

1. V apprehends
2. V’s apprehension must be caused by D’s act or omission.
3. Immediate.
4. Unlawful personal violence

Question 10

What is element assault- Mens reu?

Answer 10

1. Intention to cause v to apprehend immediate unlawful personal violence or
2. Reckless as to whether v apprehends immediate unlawful personal violence

Question 11

Actus reus- 1. Apprehend

Answer 11

Apprehend means to be aware of or anticipate rather than being put in fear

Question 12

Actus reus 2. D’s act or omission which causes v to apprehend

Answer 12

Generally an assault will be committed by an act rather than an omission.
Both factual and legal causation must be established.

Question 13

Actus reas- 3. Immediate

Answer 13

There is no assault if the threat amounts to future violence eg

“I’m going to kill you next week.”

Question 14

Mens rea assault

Answer 14

The mens rea is present where the defendant has intention or is reckless as to the victim apprehending immediate unlawful personal violence

Question 15

What does Battery mean?

Answer 15

An act by which the defendant intentionally or recklessly applies unlawful physical force to another person

Question 16

What is the punishment for Battery?

Answer 16

Max 6 months

Question 17

Elements of battery- Actus reas

Answer 17

Application of
unlawful physical force
by d on v

Question 18

Elements of battary- mens rea

Answer 18

Intention as to the application of unlawful physical force or
Reckless as to the application of unlawful physical force

Question 19

Actus reus 1 - Application

Answer 19

The application of unlawful physical force need not be direct

Question 20

Actus reus 2- Unlawful physical force

Answer 20

“Any touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive”

Question 21

Mens rea

Answer 21

Intention as to the application of unlawful physical force or
Cunningham reckless as to whether such force will be applied

Question 22

ABH

Answer 22

S.47 OAPA 1861
“it is an offence to commit any assault occasioning actual bodily harm”
This offence is triable either way and carries a maximum penalty of 5 years imprisonment.

Question 23

Elements of ABH- actus reas?

Answer 23

1. Assault or battery
2. Which causes
3. Actual bodily harm

Question 24

Elements of ABH - Mens rea

Answer 24

Intention to commit the assault or battery

Reckless as to whether an assault or battery will result

Question 25

Abh Actus reas - 1.assault or battary

Answer 25

All elements of either an assault or a battery must be present

Question 26

ABH Actus reas- 2.causation

Answer 26

Factual causation must be applied and legal causation may also be relevant (See causation hand out)

Question 27

ABH Actus- 3.Bodily harm

Answer 27

R v Miller 1954 Definition: “Any hurt or injury calculated to interfere with the comfort of the victim”

Question 28

ABH - Psychiatric injury

Answer 28

R v Chan- Fook 1994 Mere feelings of fear and panic are not sufficient. There must be some clinically recognised condition

Question 29

Mens rea- ABH

Answer 29

Intention to commit the assault or battery or | Reckless as to whether an assault or battery will result

Question 30

S.20 OAPA 1861

Answer 30

"whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanour”

Question 31

Elements of GBH s.20- Actrus reas

Answer 31

1. D unlawfully inflicts 2. a wound or GBH 3. on another person

Question 32

Elements of GBH S.20- mens rea

Answer 32

Intention or recklessness to cause some harm

Question 33

GBH Actus rea S.20- Inflict

Answer 33

R v Burstow 1997 Inflict simply means cause Both factual and legal causation must be established

Question 34

GBH actus reas S.20- wound

Answer 34

To constitute a wound the continuity of the skin must be broken Moriarty v Brookes 1834 A scratch or graze which does not pierce all 7 layers is insufficient McLoughlan 1836 An internal rupture of blood vessels will not be classed as a wound C (a Minor) v Eisenhower 1984

Question 35

S.20 Mens reas

Answer 35

D must have the intention to cause some harm | or be reckless (Cunningham) as to whether some harm is caused

Question 36

S.18 OAPA 1861

Answer 36

whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of a felony

Question 37

Actus reas - GBH

Answer 37

All elements of the actus reus for s18 are the same as for s.20 except the wounding or GBH can be committed on any person rather than on any other person. This means a person can be criminally liable for inflicting wounds or serious harm on themselves.

Question 38

Elements GBH S.18- Actus reas

Answer 38

Unlawfully wound or cause GBH to any person.

Question 39

Elements GBH S.18- Mens rea

Answer 39

Intention to cause really serious harm Or Intention to resist arrest or prevent the lawful detainer of persons and either: a) Intent to cause really serious harm or b) Reckless as to whether really serious harm will result.

Question 40

Actus reas- GBH S.18

Answer 40

``` All elements (and definitions) of the actus reus for s18 are the same as for s.20 except the wounding or GBH can be committed on any person rather than on any other person. This means a person can be criminally liable for inflicting wounds or serious harm on themselves. ```