H2 Non Fatal Offences

Question 1

List the 5 non fatal offences least to most serious

Answer 1

1. Assault - 6 months
2. Battery - 6 months
3. ABH - 5 years
4. GBH S.20 - 5 years
5. GBH S.18 - life

Question 2

What is common assault made up of

Answer 2

Assault
Battery

Question 3

Define assault

Answer 3

AR: An act which causes the victim to apprehend the infliction of immediate unlawful force

MR: with either intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused

Question 4

AR element of assault- List things that can pass as assault
( give cases )

Answer 4

Letters - R v Constanza
Silence - R v Ireland

Question 5

AR element of assault- Dose v need to apprehend force for it to be considered assault
( give case )

Answer 5

Yes
R v lamb

Question 6

AR element of assault- Can force be instantaneous
( give case )

Answer 6

No
Smith v Chief Superintendent of
Woking Police

Question 7

MR of assault- what test is used for recklessness

Answer 7

Subjective recklessness

Question 8

Define battery

Answer 8

AR: the application of unlawful force to another person

MR: Intending to either apply unlawful force or recklessness as to whether unlawful force is applied

Question 9

Can there be battery without assault

Answer 9

Yes

Question 10

Can touching clothes be assault,
If so what case

Answer 10

R v Thomas

Question 11

Can An indirect action lead to battery,
If so what case

Answer 11

Yes
R v Martin

Question 12

Can v give consent to battery

Answer 12

No

Question 13

Is the MR for battery same as MR of assault

Answer 13

Same

Question 14

Which men’s are doesn’t satisfy the the requirement for assault and battery

Answer 14

Negligence

Question 15

What does ABH stand for

Answer 15

Actual Bodily Harm

Question 16

List things that can amount to ABH
( give cases)

Answer 16

1.Cutting hair - DDP v Smith
2.physiatrist harm - R V Chan Fook

Question 17

what dose GBH stand for

Answer 17

Grievous Bodily Harm

Question 18

Dose a broken bone with no wound count as GBH
If so give case

Answer 18

No
R V Wood

Question 19

List things that count as GBH
( give cases )

Answer 19

1.Physiatrist injury - R v Burstow
2. Inflicting another with disease or virus
R V Dica

Question 20

S.20 GBH is known as and what is its AR And MR

Answer 20

Malicious wounding

AR: D wounded or inflicted grievous bodily harm

MR: D did this intending to cause some injury (not serious), or being reckless as to whether injury was inflicted

Question 21

S.18 GBH known as and what is its AR and MR

Answer 21

Wounding with intent

AR: Maliciously wounds or causes grievous bodily harm

MR: With intention to do some grievous bodily harm, or intention to resit /prevent a lawful arrest or detention