Non Fatal Offences

Question 1

Reform points

Answer 1

Age of act 
Language used 
Sentence 
Mens rea 
Inconsistencies

Question 2

Section 18

Answer 2

Maliciously wounding or causing GBH with intent
Discretionary life
Actus reus- caused either a wound or grievous bodily harm
Mens rea- necessary to show that defendant intended to cause serious harm and not reckless.
Or resist arrest

Question 3

ABH- common assault

Answer 3

Fear of immediate unlawful force
Assault- CJA 1988- summary offence- magistrates
Defendant intentionally or recklessly causes another to apprehend the infliction of immediate force
R v Ireland- silent phone calls argued that no words means no assault, held that the silence could be capable of conveying fear and could constitute as an assault

Question 4

Battery

Answer 4

Section 9 of CJA 1988
S47 OAPA 1861
Battery- intentionally it recklessly applying unlawful force to the victim
Not necessary for victim to have suffered harm from infliction, slightest touching can amount to force. Thomas- touching woman’s skirt= application of force

Question 5

Continuing act

Answer 5

Fagan- defendant lacked mens rea for battery when drove on to policeman’s foot but by staying on the foot he had necessary mens rea

Question 6

Does force have to be directly applied to victim by accused?

Answer 6

No requirement that force is applied directly
DPP v K- stole acid from science lesson, panicked and put it in hand drier, returned with intention of getting acid back later, another used toilet and sprayed with acid when drying his hands, charged with ABH

Question 7

Mens rea of battery

Answer 7

Defendant must have intended to apply the force or been subjectively reckless as to whether force was applied

Question 8

Section 47

Answer 8

Assault occasioning actual bodily harm (assault/ battery)
5 years imprisonment
If assault or battery can not be proved then D can’t be charged under section 47
Chan-Fook- harm was synonym to injury and that actual indicted that the harm suffered should not be trivial as to be insignificant

Question 9

ABH examples

Answer 9

Bruising, slap marks or a graze

Recognisable illness- Ireland and burstow

Question 10

Occasioning

Answer 10

Savage- threw bottle of beer over victim, dropped glass glass with cut V wrist- drenching from beer constituted as battery and as battery had caused smashed glass battery had resulted in ABH

Question 11

Mens rea for section 47

Answer 11

No mens rea required as regard causing injury
D must intent or recklessly cause another to apprehend immediate personal force it recklessly apply unlawful force
R v Roberts- D made unwanted sexual advances, fearing a sexual assault she jumped out the car. Argued that her actions weren’t forseeable and was not liable however courts disagreed and said it was a forseeable action.

Question 12

Section 20

Answer 12

Maliciously wounding or inflicting GBH
5 years imprisonment
Actus reus- unlawful and malicious wounding, unlawful and malicious infliction of GBH

Question 13

Wounding

Answer 13

Outer skin is broken and blood is drawn, doesn’t matter how big the cut is.

Question 14

GBH

Answer 14

Really serious harm, as to whether the injury is really serious is left to jury
Mens rea- intentionally or recklessly causing some harm.