Non Fatal Offences

Question 1

What act covers Assault and Battery + section

Answer 1

S.39 Criminal Justice Act 1988

Question 2

What act covers Actual Bodily Harm (ABH), Malicious Wounding and Grievous Bodily Harm (GBH), Malicious Wounding and GBH with Intent?

Answer 2

Offences Against the Person Act 1861
S.47- ABH
S.20- GBH
S.18- GBH with Intent

Question 3

Definition of Assault and Case it originated

Answer 3

An act which causes the victim to apprehend affliction of immediate unlawful force, with either intention or recklessness as to whether such fear is caused - Collins v Wilcock 1984

Question 4

Actus Reus elements of assault

Answer 4

“an act”

“Which causes the victim to apprehend the infliction of immediate unlawful force”

Question 5

Mens Rea element of assault

Answer 5

“intention to cause another to fear unlawful force”

“Recklessness as to whether such force is feared”

Question 6

Is assault a positive act or omission

Answer 6

Positive act

Question 7

What can the act come from, include relevant case names

Answer 7

Words which are written or spoken - R v Constanza
Physical actions or conduct - Stevens v Meyers
Silence - R v Ireland

Question 8

When will there be no assault

Answer 8

If it is impossible for the defendant to actually use force - R v Lamb

Question 9

What can ‘immediate force’ mean?

Answer 9

Could mean imminent Force as in Smith v Chief Constable of Woking Police Station

Question 10

When is force lawful

Answer 10

If the victim consents to such force
Acting in self-defence
Preventing a crime

Question 11

What are the causation tests for assault

Answer 11

Factual- ‘but for’

Legal - Deminimis Principle and operative and significant cause

Question 12

What is the ‘but for’ test? What are the possible answers?

Answer 12

But for the defendants actions would the victim have suffered the consequences?
No- the defendent is the factual cause (R v Pagett)
Yes- The defendent is not the factual cause (R v White)

Question 13

What is the deminimis principle?

Answer 13

The defendants conduct must be more than the minimal cause of the consequence R v Kimsey

Question 14

What is the operative and signifcant cause

Answer 14

Was the defendents action’s or omissions an operative and significant cause - chain of causation

Question 15

What are the novus actus interveniens

Answer 15

Act of a third party - must be sufficiently independent from defendants actions
Victims own act - if the acts of the victim are unforseeable
A natural but unprecedented event

Question 16

What is the mens rea of assault

Answer 16

Direct Intention (R v Mohan) 
Indirect Intention (R v Woollin) 
Recklessness

Question 17

What is Direct Intention

Answer 17

Intention to bring about desired consequence.

Question 18

what is indirect intention

Answer 18

virtual certainty test - consequence of action s is a virtual certainty / defendent aware of risk

Question 19

What is recklessness

Answer 19

Would the defendant realise there was a risk that their actions could cause the victim to apprehend fear and did they take the risk?

Question 20

Can an assault be negated

Answer 20

words can negate an assault - Tuberville v Savage

if indicate no threat of violence or a joke

Question 21

Battery Definition

Answer 21

Application of unlawful force to another person, with intention or recklessness as to whether such force is applied

Question 22

Actus reus of battery

Answer 22

application of unlawful force

Question 23

Mens rea elements of battery

Answer 23

Intention to apply unlawful force

Recklessness to whether such force is applied

Question 24

Is battery always a positive act

Answer 24

Battery can occur through omission

Question 25

Actual Bodily Harm

Answer 25

Any hurt or injury calculated to interfere with the health and comfort of the victim R v Miller

Question 26

Injuries that can amount to ABH

Answer 26

Temporary loss of consciousness T v DPP
bruises, grazes, and scratches R v Donovan
Minor fractures R v Venna
Depression / psychological harm

Question 27

Malicious Wounding and GBH

Answer 27

a cut or break in the continuity of the skin (includes internal skin) Internal bleeding with no break on outer skin is not a wound. A broken bone is only GBH is it is compound (breaks through surface of the skin)