NFO

Question 1

What is the definition of common assault?

Answer 1

Assault and battery on a separate summary offences but often go together. They are both common law offences, but I’ve charged under section 39 Criminal justice act 1988. The maximum sentence is six months imprisonment and £5000 fine.

Question 2

What is the actus reus of assault?

Answer 2

Causing the victim to apprehend the infliction of immediate and unlawful force.

(It will be irrelevant that the victim was not actually in danger, as long as the fear was real)

Question 3

What are the cases of the actus reus of assault?

Answer 3

The assault can be committed in words and writing (constanza)

Silence can be an assault if the victim apprehends immediate unlawful force (Ireland)

Tuberville V Savage held It was held that words can negate an assault. D words indicated that no violence would occur Therefore, did not amount to an assault

Question 4

What is the mens rea of assault?

Answer 4

Intention or reckless to the assault

Venna held That for common assault the defendant they did not have to intend the crime they can be subjectively reckless.
This shows it’s a basic intent crime

Question 5

What is the actus reus of battery?

Answer 5

Application of immediate unlawful force to another.

There is no need to prove any harm as touch is sufficient, and it can be an indirect act of force.

There can be a battery without assault. This is where the victim is unaware that unlawful force is about to be used for example, attacking someone from behind

Question 6

What is the case for the actus reus of battery?

Answer 6

Thomas held the court of appeal, held that touching and rubbing a woman’s skirt is the equivalent to touching the person wearing the clothing, and so could amount to a battery.

DPP V K Held that the D was convicted of section 47 ABH and that common assault could be committed by an indirect act.

Question 7

What is the mens rea of battery?

Answer 7

Intention or recklessness as to the battery

Venna established that for common law assault the defendant does not have to intend the crime they can be subjectively reckless.
This shows that it’s a basic intent crime

Question 8

What is the definition of the offences against the Person act 1861

Answer 8

The most serious non-fatal offences have been defined in the offences against the Person act 1861. These offences are ABH, GBH S.20 /Wounding, GBG S.18 /Wounding.

Question 9

What is the actus reus of S.47 ABH?

Answer 9

Assault or battery occasionally ABH

Question 10

What is the case is a section 47 ABH?

Answer 10

Miller defined as any hurt or injury calculated to interfere with the health or comfort of the victim.

T V DPP held defendant was convicted as a loss of consciousness, even for a short amount of time could amount to an ABH.

DPP V Smith held cutting of a substantial amount of hair amounted to an ABH.

Chan Fook held ABH can be psychological harm as long as it’s more than mere emotions such as fear or panic

Question 11

What type of offence is ABH and what is this prison sentence?

Answer 11

Triable their way
5 years imprisonment

Question 12

What are the test for ABH and give examples of ABH?

Answer 12

What is that an assault or battery (needs to be proved first)
Did it occasion ABH (did it cause ABH)
Is the actual bodily harm

Broken nose, depression, sprained wrist

Question 13

What is the mens rea of ABH?

Answer 13

Intention or reckless as to the assault or battery

Question 14

What are the cases for mens rea of battery?

Answer 14

Savage stated the D did not need to see the ultimate injury or level of injury.

Roberts held the D was convicted of ABH as he only intend battery he did not need to think about the possibility of bodily harm.

Question 15

What is the Actus reas of S.20 GBH?

Answer 15

To inflict GBH

Question 16

What is the cases for the actus reas of GBH?

Answer 16

DPP V Smith defined GBH as really serious harm.

Bollom held the severity of the injuries will be assessed according to the victims age and health. Bruising a baby is more sever than bruising an adult.

Burstow held the term bodily now includes an injury that is physical psychiatric and the case of Dica extended this to delineate infection of a serious disease.

In Dica the COA rules that infecting someone with HIV amounted to inflicting GBH and V did not consent as they did not know the true nature of the act.

Question 17

What is the Actus reas of S.20 Wounding?

Answer 17

*To wound

Wounding requires both layers of skin to be broken. It cannot be a scratch.

A cut of internal skin such as the cheek may be sufficient, although internal bleeding is not enough, a bruise, broken bone or internal injury will not be sufficient unless the skin is broken

Question 18

What is the case of the actus reus S.20 Wounding?

Answer 18

Eisenhower held that the offence of wounding, was not committed, as both layers of skin were not broken.

Question 19

What is the mens rea of section 20 GBH and S.20 GBH wounding?

Answer 19

*Intention or recklessness as to some ham

Defendant does not need to have the mens rea for the level of harm committed. He does not need to intend or foresee the risk of the wound or GBH. He only needs to foresee some harm occurring.

Question 20

What is the case for the mens rea of section 20 GBH, and section 20 GBH and wounding?

Answer 20

Parmenter held - D conviction for S.20 GBH was changed to S.47 ABH Because for S.20 GBH The defendant must foresee that there was a risk of some harm and take that risk.

Question 21

What is the Actus reas of S.18 GBH

Answer 21

To cause GBH

Question 22

What is the case for S.18 GBH

Answer 22

DPP v Smith stated GBH is really serious harm.

Question 23

What is the Actus reas for S.18 GBH wounding?

Answer 23

To wound

Question 24

What is the case for the Actus reas of S.18 wounding?

Answer 24

Eisenhower held that both layers of skin must be broken.

Question 25

What is the mens rea of S.18 GBH and S.18 GBH Wounding?

Answer 25

Intention to cause GBH

Question 26

what is the case for the men’s Rea of S.18 GBH?

Answer 26

Taylor held - The mens rea to wound is not sufficient for section 18 GBH. It must be intention to cause GBH.

Morrison held - the Defendant was convicted as he either intended injury or realised risk of it occurring and took that risk anyway.

Question 27

What type of offence is section 18 GBH, and what is the sentencing?

Answer 27

Indictable offence and we’re a D is guilty the y could get up to life inprisonment

Question 28

What type of offence is section 20 GBH and what is the sentencing?

Answer 28

Triable ether way offence and we’re a D is guilty they will get 5 years imprisonment

Question 29

What type of offence is section 47 ABH, and what is the sentencing?

Answer 29

Triable ether way offence and the D can get 5 years imprisonment.