Non Fatal - Assault, Battery, ABH and GBH

Question 1

What are non fatal cases

Answer 1

Assault

Battery

Actual Bodily Harm

Grievous Bodily Harm

Question 2

Which act deals with common law non fatal cases

Answer 2

s39 Criminal Justice Act 1988

Assault and Battery

Question 3

Three main sections of Offences Against the Person Act 1861

Answer 3

s47 - Assault occasioning ABH

s20 - Unlawful and malicious wounding or inflicting GBH

s18 - Unlawful and malicious wounding or causing GBH with intent to cause GBH

Question 4

Case which defines Assault

Answer 4

Fagan v Metropolitan Police [1968]

An assault occurs when V apprehends an immediate battery

Question 5

Two cases where words alone can be an assault

Answer 5

Meade and Belt [1823] - held that conduct requires a physical act or gesture

Ireland; Burstow [1998] - overturned the above case

Silence amounts to conduct

Mere words will also suffice

Question 6

Assault - Explain decision held in Tuberville v Savage [1669]

Answer 6

There will be no apprehension of violence where D uses words which negate any threat of violence

Question 7

Assault - What case considers V’s perception of words

Answer 7

Smith [1983]

Question 8

What is Battery

Answer 8

Where D intentionally or recklessly inflicts unlawful personal violence on V

Question 9

Two cases of Battery

Answer 9

Rolfe [1952]

Defines Battery

Venna [1975]

Battery can be established recklessly as well as intentionally

Question 10

The mens rea of Battery and name a case

Answer 10

Intention to carry out physical violence

Savage; Parmenter [1989]

Subjective recklessness

Question 11

What case and statute defined Actual Bodily Harm

Answer 11

Miller [1954]

Harm which interferes with V’s comfort

s47 OAPA 1861

Question 12

Two cases of Actual Bodily Harm

Answer 12

T v DPP [2003]

Harm must be more than trivial

Chan Fook [ 1994]

There must be an injury

Question 13

The actus reus of Grievous Bodily Harm

Answer 13

With or without a weapon D unlawfully causes either a wound or GBH to harm another person

Question 14

GBH - What is wounding and name a case

Answer 14

Eisenhower [1984]

Must puncture both layers of skin

i.e stabbing

Question 15

GBH - Name two cases of GBH

Answer 15

Smith [1961]

Really serious bodily harm

i.e stabbing punctures lung

Bollom [2004]

What would reasonable person consider really serious

Question 16

GBH - Explain unlawful and conduct

Answer 16

Unlawful - cannot be convicted if legally justified

Conduct - can be committed by omission provided there was a duty to act

Question 17

The mens rea of GBH

Answer 17

Malicious - intended to cause harm or be reckless

Easier to prove than s18

Question 18

Maximum penalty of s47 and s20 OAPA 1861 offence

Answer 18

5 Years

Question 19

Elements of Grievous Bodily Harm with Intent under s18 OAPA 1861

Answer 19

Must be unlawful conduct by any means
Person suffered wound and/or GBH
D's conduct caused wound and/or GBH
D maliciously brought about the result
D intended to cause GBH

Question 20

Name a case of GBH with intent

Answer 20

Taylor [2009]

Must intend GBH and not just a wound

Jury decide

Question 21

Maximum penalty of s18 OAPA 1861 offence

Answer 21

Life imprisonment

Question 22

Thoughts on non fatal offences system

Answer 22

Consolidated offences to one act
Not a clear hierarchy of offences
Section numbers are not logical
Clear distinction in A/R but not maximum sentences 
Complicated, unclear and old fashioned