CRIMINAL LAW- non fatal offences

Question 1

what are the 5 types of non fatal offences?

Answer 1

1. assault
2. battery
3. A.B.H
4. G.B.H
5. WOUNDING

Question 2

what act and section is assault under?

Answer 2

Criminal Justice Act 1988 s.39

Question 3

what is the sentence for assault?

Answer 3

max sent 6 months/£5000 fine (summary)

Question 4

what is the criteria for assault?

Answer 4

none

Question 5

what is actus reus of assault?

Answer 5

cause someone to apprehend immediate unlawful force/violence

Question 6

what is the mens rea of assault?

Answer 6

intent or recklessness to cause someone to apprehend immediate unlawful force

Question 7

what are cases for assault?

Answer 7

r v lamb, r v wilson, tuberville v savage, smith v chief superintendent,woking police

Question 8

what act and section is battery under?

Answer 8

Criminal Justice Act 1988 s.39

Question 9

what is the sentence for battery?

Answer 9

max sent 6 months/£5000 fine (summary)

Question 10

what is the criteria for battery?

Answer 10

none

Question 11

what is actus reus of battery?

Answer 11

application of unlawful force/ violence to another person

Question 12

what is the mens rea of battery ?

Answer 12

intent/recklessness to apply force

Question 13

what are cases for battery ?

Answer 13

Fagan v Mpc, Collins v Wilcock (ar) r v savage (mr)

Question 14

what act and section is A.B.H under?

Answer 14

Offences Against Person Act 1861 s.47

Question 15

what is the sentence for A.B.H?

Answer 15

5yrs (either way)

Question 16

what is the criteria for A.B.H?

Answer 16

typical injuries- blackeye,bruising,minor fractures,broken nose,minor burns, minor psychological harm

Question 17

what is actus reus of A.B.H.?

Answer 17

causing some physical/mental harm to a person

Question 18

what is the mens rea of A.B.H ?

Answer 18

mens rea of assault or battery

Question 19

why is mens rea for A.B.H important?

Answer 19

d does not need to foresee any actual harm just mr of assault or battery.

Question 20

what are cases for A.B.H?

Answer 20

r v savage 1991 (mr), r v cox (injuries), dpp v smith

Question 21

what act and section is G.B.H under?

Answer 21

Offences Against Person Act 1861 s.20

Question 22

what is the sentence for G.B.H ?

Answer 22

5yrs (either way)

Question 23

what is the criteria for G.B.H?

Answer 23

wound- break to skin such as stab wound/ serious harm/injury such as broken bones,head injuries, major burns,internal injuries, serious psychological harm e.g depression

Question 24

what is actus reus of G.B.H?

Answer 24

either wounding or inflicting serious physical/mental harm to a person

Question 25

what is the mens rea of G.B.H ?

Answer 25

intent/recklessness to cause some harm

Question 26

what are cases for G.B.H?

Answer 26

R v burstow, R v Dica (ar) r v belfon (mr)

Question 27

what act and section is wounding under?

Answer 27

Offences Against Person Act 1861 s.18

Question 28

what is the sentence for wounding ?

Answer 28

life (indictable)

Question 29

what is the criteria for wounding?

Answer 29

serious wounding- stab wound

Question 30

what is actus reus of wounding?

Answer 30

wounding with intent- wounding or causing serious physical/mental harm to a person

Question 31

what is the mens rea of wounding?

Answer 31

intent to cause serious harm

Question 32

what are cases for wounding?

Answer 32

JCC v Eisenhower, R v Belfon, R v Stubbs