LAW P1 CRIM (ASSAULT, BATTERY, ABH, GBH)

Question 1

What section is assault contained under?

Answer 1

S.39 Criminal Justice Act 1988

Question 2

What is the definition of assault?

Answer 2

The house of lords set the definition of assault as where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful force.

Question 3

What is the AR of assault?

Answer 3

The actus reus of assault is any act that makes the victim apprehend the immediate infliction of unlawful force.

Question 4

What is the MR of assault?

Answer 4

The mens rea of assault is intention to create the apprehension of unlawful force, or subjective recklessness.

Question 5

What are the cases of the AR and MR of assault?

Answer 5

AR:
- Read v Coker - a threat of violence can amount to an assault.
- R v Ireland - silent phone calls can amount to assault or psychiatric injury.

MR:
- R v Mohan - attempting to cause injury is an intentional offence.
- R v Cunningham - the defendant should have forseen that harm would occur, therefore he was reckless.

Question 6

What section is battery contained under?

Answer 6

Battery is contained under s.39 criminal justice act 1988.

Question 7

What is the definition of Battery?

Answer 7

Battery can be defined as an act by which the defendant, intentionally or recklessly, applies unlawful force to the compainant.

Question 8

What is the AR of battery?

Answer 8

The actus reus of battery is the application of unlawful physical force.

Question 9

What is the MR of battery?

Answer 9

The mens rea of battery is the intention to apply unlawful physical force, or being recjless as to whether such force is applied.

Question 10

What are the cases for the AR and MR of battery?

Answer 10

AR:
- Haystead v DPP - direct force can be applied through someones action, it doesnt require direct physical contact.
- DPP v K - Battery can occur indirectly

MR:
- R v Mohan - attempting to cause injury is an intentional offence.
- R v Cunningham - the defendant should have forseen that harm would occur, therefore he was reckless.

Question 11

What section is ABH contained under?

Answer 11

ABH is contained under s.47 offences against the person act 1861.

Question 12

What is the definition of ABH?

Answer 12

ABH can be defined as an offence to commit an assault or battery occasioning actual bodily harm.

Question 13

What is the AR of ABH?

Answer 13

The actus reus of ABH is any assault or battery occasioning actual bodily harm

Question 14

What is the MR of ABH?

Answer 14

The mens rea of ABH is intention or subjective recklessness as to the assault or battery.

Question 15

What are the cases of the AR and MR of ABH?

Answer 15

AR:
- R v Ireland - silent phone calls can amount to an assault or psychiatric injury.

MR:
- R v Mohan - attempting to cause injury is an intentional offence.
- R v Cunningham - The defendant should have foreseen that harm would occur, therefore was reckless.

Question 16

What section is GBH contained under?

Answer 16

GBH is contained under two seperate sections of the offences against the person act 1861 :
- S.20 - intention or subjective recklessness as to whether wounding or grievous bodily harm occured.
- S.18 - Intention to cause grievous bodily harm or resist arrest.

Question 17

What is the definition of GBH?

Answer 17

GBH can be defined as unlawfully and maliciously wounding or inflicting any grievous bodily harm.

Question 18

What is the AR of GBH?

Answer 18

The actus reus of GBH is inflicting grievous bodily harm or wounding another person.

Question 19

What is the MR of GBH?

Answer 19

The mens rea of GBH is contained under two seperate sections of the offences against the person act 1861 :
- S.20 - intention or subjective recklessness as to whether wounding or grievous bodily harm occured.
- S.18 - Intention to cause grievous bodily harm or resist arrest.

Question 20

What are the cases for the AR and MR of GBH?

Answer 20

AR:
- R v Ireland - silent phone calls can amount to assault or psychiatric injury.
- R v Eisenhower - There is a break in the continuity of skin needed for grievous bodily harm.
- DPP v Smith - would a reasonable man contemplate that the actions would lead to an offence.

MR:
- R v Mowatt - the defendant should have foreseen consequences to his actions.