Non-Fatal Offences

Question 1

Assault

Answer 1

S.39 of the Criminal Justice Act 1988
A.R.: an act which causes the victim to apprehend the infliction of immediate unlawful force
An omission is not sufficient to constitute an assault
R v Constanza: letters can be an assault
R v Ireland: silent telephone calls can be an assault
R v Lamb: pointing a gun at someone who knows that it’s unloaded cannot be an assault
M.R.: intent or recklessness (Cunningham) to cause the victim to apprehend immediate unlawful force

Question 2

Battery

Answer 2

S.39 of the Criminal Justice Act 1988
A.R.: the application of unlawful force/violence to another person
A battery can be committed through a continuing act
Fagan v MPC: it became an offence of battery the moment the intention was formed to leave the tyre on the officer’s foot
M.R.: intent or recklessness to apply force

Question 3

Assault occasioning ABH

Answer 3

S.47 of the Offences Against the Person Act 1861
A.R.: causing some physical or mental harm
R v Miller: it was said that ABH is “any hurt or injury calculated to interfere with the health or comfort of the victim”
T v DPP: loss of consciousness was held to be ABH
M.R.: the M.R. of assault or battery

Question 4

Malicious wounding/inflicting GBH

Answer 4

S.20 of the Offences Against the Person Act 1861
A.R.: a direct or indirect act or omission which causes wounding or the infliction of GBH
“Wounding”: a cut or break in the whole skin
JJC v Eisenhower: as there was no cut, it was held that this was not a wound
DPP v Smith: it was held that GBH means “really serious harm”
M.R.: intent or recklessness as to causing some harm

Question 5

Wounding/causing GBH with intent

Answer 5

S.18 of the Offences Against the Person Act 1861
A.R.: wounding or causing serious physical or mental harm to a person
“Wounding” & “GBH”: same as for S.20
M.R.: intention to cause serious harm and to resist or prevent arrest plus recklessness as to causing injury
R v Taylor: intention to wound is not enough for the M.R. of S.18