Non Fatal Offences

Question 1

Definition of Assault

Answer 1

Any act by which D, intentionally or recklessly, causes V to apprehend immediate and unlawful violence

Question 2

Actus Reus of Assault

Answer 2

Any act by D that causes V to apprehend immediate and unlawful violence

Question 3

Mens Rea of Assault

Answer 3

Intention or recklessness (subjective)

Question 4

Definition of Battery

Answer 4

An act by which D, intentionally or recklessly, inflicts unlawful, personal violence upon V

Question 5

Actus Reus of Battery

Answer 5

Unlawful, personal violence

Question 6

Mens Rea of Battery

Answer 6

Intention or recklessness as to the unlawful, personal violence

Question 7

Statute for Assault Occasioning Actual Bodily Harm?

Answer 7

s. 47, Offences Against the Person Act (OAPA) 1861

Question 8

Definition for Assault Occasioning ABH (as per statute)

Answer 8

Indictment of any assault occasioning ABH - max 5 years

Question 9

Actus Reus for Assault Occasioning ABH

Answer 9

Assault OR Batter + ABH

Question 10

What constitutes ABH?

Answer 10

Injury must be “more than merely trifling” - Donovan
Includes psychiatric injury
Scratch, graze, abrasion, bruise, swelling, temporary loss of consciousness, cutting a substantial amount of hair, etc

Question 11

Mens Rea of Assault Occasioning ABH

Answer 11

Intention / Recklessness (same for assault / battery)

Question 12

Statute for Wounding or Inflicting Grievous Bodily Harm (GBH)

Answer 12

s. 20, OAPA 1861

Question 13

Definition of Wounding or Inflicting GBH (as per statute)

Answer 13

Unlawfully and maliciously wounding or inflicting any GBH - max 5 years

Question 14

Actus Reus of Wounding or Inflicting GBH

Answer 14

Wounding or inflicting GBH

Question 15

Define ‘wounding’

Answer 15

“Every layer of the skin must be broken” (C v Eisenhower [1984])

Question 16

Define ‘GBH’

Answer 16

“Really serious harm” (DPP v Smith)
Includes really serious psychiatric injury - (Burstow [1998])
Transmission of disease? - (Dica [2004])

Question 17

Mens Rea of Wounding or Inflicting GBH

Answer 17

Intention or recklessness as to SOME harm - Savage and Parmenter [1992]

Question 18

Statute for Wounding or Causing GBH with Intent

Answer 18

s. 18, OAPA 1861

Question 19

Definition of Wounding or Causing GBH with Intent (as per the statute)

Answer 19

Unlawfully and maliciously by any means whatsoever wounding or causing any GBH to any person / with intent to resist or prevent the lawful apprehension or detainer of any person

Question 20

Actus Reus of Wounding or Causing GBH with Intent

Answer 20

Wound of Cause GBH (same as s. 20)

Question 21

Mens Rea for Wounding or Causing GBH with Intent

Answer 21

Intention to:

1) Cause GBH
2) To resist or prevent lawful arrest or detention

Question 22

Is consent relevant to NFOAP

Answer 22

Assault and Battery - YES

s. 47, s. 20, s. 18 - NO (unless conduct within a exceptional category - Brown [1994])

Question 23

What are the exceptional categories regarding consent?

Answer 23

1) Surgery
2) Body modification (tattoos, piercings) - Wilson [1996]. But NOT extreme body modification (= unlicensed surgery) - R v BM [2018]
3) Sport - Barnes [2004]
4) Horseplay - Jones [1986]; Aitken [1992]
5) Religious (circumcision but not cheek incision)
6) Sexual (but non-violent) / reckless transmission of disease - Dica [2004]; Konzani [2005]
7) Consent must be effective and informed
8) Not procured by fraud as to identity - Richardson [1998]. But ‘fake botox’ - R v Melin (Ozan) [2019]
9) Belief in consent (must be genuine, even if unreasonable) - Jones [1987]

Question 24

Define ‘Hate Crime’ (as per the Government’s definition)

Answer 24

Any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice towards someone based on a personal characteristic.

Question 25

Define ‘Hate Crime’ (as per statute)

Answer 25

s. 29 Crime and Disorder Act 1998 - ‘racially or religiously aggravated assaults’ - turns ordinary crime into a hate crime

Question 26

Max. Penalties for Hate Crimes

Answer 26

All max penalties increased:

1) Assault - from 6 months to 2 years
2) ABH and GBH - from 5 years to 7 years

Question 27

When does the basic offence become aggravated (in regard to racially or religiously aggravated assaults)

Answer 27

s. 28(1) Crime and Disorder Act 1998:
1) OBJECTIVE: at time of offence (or immediately before or after)the offender demonstrated hostility towards the victim based on the victim’s membership (or presumed membership) of a racial or religious group OR
2) SUBJECTIVE: offence is motivated (partially or as a whole) by hostility towards the members of a racial or religious group

Question 28

Define ‘racial group’

Answer 28

s. 28(4) Crime and Disorder Act 1998: a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins

Cases: Attorney-General’s Ref (No. 4 of 2004) [2005]: “immigrant doctor”. Rogers [2007] “bloody foreigners”

Question 29

Define ‘religious group’

Answer 29

s. 28(5) Crime and Disorder Act 1998: a group of persons defined by reference to religious belief or lack of religious belief