CRIMINAL - NON-FATAL OFFENCES

Question 1

ASSAULT

Answer 1

Collins v Wilcox 1984
Actus reus = Causing the victim to apprehend the infliction of immediate and unlawful force
Mens rea = Intention or subjective recklessness as to the actus reus
Sentencing - s39 CJA 1988, 6 months or unlimited fine

Question 2

ASSAULT CASES

Answer 2

Constanza 1997 - Wrote 800 letters, 2 seen as threats. FEAR sufficient
Ireland 1997 - Silent phone calls
Savage - Conditional assault

Question 3

BATTERY

Answer 3

Collins v Wilcox 1984
Actus reus = Infliction of unlawful force
Mens Rea = Intention or subjective reckless
as to the actus reus
Sentencing = s39 CJA 1988, 6 months or unlimited fine

Question 4

BATTERY CASES

Answer 4

Thomas 1985 - Rubbed hem of skirt. Clothes are an extension of a person.
Fagan 1968 - Parked car on officer’s foot, mens rea when refused to drive off again
DPP v Santana-Bermudez 2003 - Failed to tell police officer of sharp objects before search.

Question 5

ABH

Answer 5

s47 Offences Against the Persons Act 1861
R v Miller 1954 = Any hurt or injury calculated to interfere with the health or comfort of the victim
Actus reus = Assault or battery occasioning actual bodily harm
Mens Rea = Intention or recklessness as to assault or battery (R v Roberts)
Sentencing = 5 years

Question 6

ABH CASES

Answer 6

DPP v Smith 2006 - Cutting ponytail is sufficient
Roberts - Woman jumped out of car to escape defendant
Savage 1991

Question 7

GBH/WOUNDING WITHOUT INTENT

Answer 7

s20 Offences against the Person Act 1861
Actus Reus = Inflicting GBH or wounding (GBH is serious harm, wounding must break all layers of the skin)
Mens Rea = Intention or recklessness as to some harm (R v Savage 1991)
Sentence = 5 years

Question 8

GBH/WOUNDING WITHOUT INTENT CASES

Answer 8

Eisenhower 1983 - Wound didn’t break all layers of skin so no GBH
Dica 2004 - Transmission of HIV counted as GBH

Question 9

GBH/WOUNDING WITH INTENT

Answer 9

s18 Offences Against the Person Act 1861
Actus Reus = Causing wounding or GBH
Mens Rea = Specific intent to cause GBH or wounding, OR intent to resist lawful arrest.
Sentence = 15 years

Question 10

GBH/WOUNDING WITH INTENT CASES

Answer 10

Morrison 1989 - Defendant resisted arrest by escaping police officer, officer badly cut by glass.

Question 11

JOINT CHARGING STANDARDS

Answer 11

Agreed by the police and CPS to determine which injuries would count as battery/ABH/GBH