Non-Fatal Offences Flashcards
Give 2 ways in which the law of non-fatal offences needs reforming.
1) . Antiquated terminology due to inconsistencies e.g. 3 variations to describe causation e.g. s.18 ‘cause’, s.20 ‘inflict’ and s.47 ‘occasioning’ - e.g. in R v. Clarence - cannot inflict an STI therefore the D. was acquitted even though, under the new law, he would be liable under biological GBH - Law commission - ‘unintelligible to the layman’.
2) . Anomalous sentencing due to s.20 carrying 5 years and s.18 carrying life - large disparity is incongruous as it emphasises mens rea even though the actus reus’ are the same. - Home Offices’ Report of 1998 would be more viable as it would reduce the gap by increasing s.20 to 7 years.
Give 2 ways in which the law on non-fatal offences are not in need of reform.
1) . Emphasis on causation as the D. is charged with what they cause. E.g. R v. Roberts - intention of battery (similar to R v. Thomas) - charged with ABH injuries. - However, more emphasis should be placed on the mens rea; at least to the same extent as the AR. Though the current law is fair on the claimant and effective in the administration of justice.
2) . Susceptible to plea bargaining as the prosecution may agree to a conviction of ABH from s.20 - triable either way and therefore can be tried in the Magistrates’ for a quicker and cheaper case - d. may be beguiled by the reduction in conviction even though the sentence is the same - gaping loophole that favours the prosecution.
Give a conclusion to the law of non-fatal offences needing reform.
The main principle of any legal doctrine is the ability to be pellucid and comprehensible by those subject to it. The law of non-fatal offences does not meet this criteria. As it was a consolidating act, it was inherently floored to be inconsistent. However, one would imagine, within 160 years some amendments would have been made.
In which case was assault defined. What was the definition created?
R v. Venna. Assault is the intentional or reckless causing of the apprehension of unlawful violence.
Can assault be committed through silent phone calls and give a case to support this.
Yes. As seen in R v. Ireland.
What did Tuberville v. Savage demonstrate?
Assault can be negated by the D. Only if the assault was not grievous (R v. Light).
Define battery.
The intentional or reckless application of unlawful violence (s.39 Criminal Justice Act 1988).
Which case demonstrates that battery can be committed indirectly?
Fagan v. Metropolitan police.
Can battery be committed by omission?
Yes, as seen in R v. Santa-Bermudez.
What is the obscurity of battery that originated from R v. Thomas?
Battery can be committed simply by touching clothes.
What is the definition of ABH?
‘An assault occasioning ABH’ - s.47 OAPA 1861
What is the mens rea for assault, battery, ABH and s.20 GBH?
Intention or reckless.
Give examples of ABH injuries.
Temporary unconsciousness
Broken nose
What did C v. Eisenhower establish?
Internal bleeding in the eye was not GBH as there was no wound.
R v. Chan-Fook states that…
ABH injuries must be more than trivial.
