Criminal law - 2.4 Non fatal offences against the person

Question 1

What is assault?

Answer 1

• where D causes the victim to apprehend immediate unlawful violence/force, intentionally/unintentionally.
• max sentence is 6 months in mags court.

Question 2

What is the AR of assault?

Answer 2

• The victim must apprehend immediate unlawful violence.
• It can be words or silence.
• Letters may be a AR of assault.

Question 3

What is MR of assault?

Answer 3

• Intention or recklessness.

Question 4

What is battery?

Answer 4

• The unlawful force on a victim.
• max 6 month in prison in mags court.

Question 5

What is the AR of battery?

Answer 5

• Application of unlawful physical force.
• Touching a person can be a battery.
• can be committed indirectly.
• force may be lawful if victim gives consent or uses self defence.
• pushing a person.
• touching a clothes while the person wearing.

Question 6

MR of battery?

Answer 6

• intention or battery.
• Touching a person can be a

Question 7

What is ABH?

Answer 7

• set in the s 47 if the offence against the person act 1861.

-Max sentence of five years imprisonment.

• ABH is ‘actual bodily harm’ and is hurt/injury calculated to interfere with the health or comfort of the victim. it is not permanent but not trivial injury.
• ABH includes psychiatric injury and cutting of hair.

Question 8

AR of ABH?

Answer 8

• is assault or battery which cases ABH - actual bodily harm.
• Bruises

•Scratches and grazes

• Minor sprains and fractures

•A broken nose (as the nose is constructed of cartilage
and not bone)

• Temporary loss of consciousness

• Psychiatric injury

Question 9

MR of ABH?

Answer 9

• Intention or recklessness of assault or battery.
• to cause fear to V.

Question 10

What is wounding and GBH?

Answer 10

• s 20 is lesser offence then s 18. it is triable either way and max sentence is 5 years imprisonment.

Question 11

What is the AR of wounding and GBH? (S 20 and s 18)

Answer 11

• D to unlawfully to wound or inflict GBH on another person.
• Wounding = break in the continuity of the skin causing external bleeding.
• GBH = ‘grievous bodily harm’. Really serious harm, permanent/long term injury.

E.g - Broken bones
• Stab wounds
• Bullet wounds

• Psychiatric injury such as depression can be classed as GBH.

Question 12

What is MR for section 18 of wounding and GBH?

Answer 12

• Intent to cause GBH, or intent to resist or prevent the lawful detainer (arrest) of any person.

Question 13

What is malicious wounding?

Answer 13

• an act that is unlawful and maliciously wounds (or inflicts GBH upon) another
  with or without weapon or instrument.
• charged under s 20 of the Offences Against the Person Act 1861.
• max sentence is 5 years in prison.

Question 14

What is AR of malicious wounding?

Answer 14

• A direct or indirect act or
  omission that leads to a
  wound OR GBH

(this is a consequence crime and to form the AR there MUST be an injury

• d wounded or inflicted grievous bodily harm.
• A wound is a cut or break in the continuity of the whole skin.
• Internal skin such as the cheek is sufficient.

Question 15

What is the MR of malicious wounding?

Answer 15

• Intention or recklessness.

Question 16

What is the causation of malicious wounding?

Answer 16

• AR: have to prove GBH or wound.
• MR: Does not require intention or recklessness, it requires a lower level of foresight of ‘some harm’ or intention.