Non-Fatal Offences

Question 1

Give examples of non-fatal offences

Answer 1

• Assault
• Battery
• ABH
• GBH

Question 2

Which act does assault and battery fall under?

Answer 2

s39 Criminal Justice Act 1988 (common assault)

Question 3

Which act does ABH and GBH fall under?

Answer 3

s47, s20, s18 Offences Against the Person Act 1861

Question 4

What are FAULT-BASED crimes?

Answer 4

Requires both AR and MR

Question 5

What are RESULT crimes?

Answer 5

Require the prosecution to prove that D ‘caused’ the result

Question 6

What are COMMON LAW offences?

Answer 6

Offences which are made by a judge using precedent

Question 7

What are STATUTORY offences?

Answer 7

Defined as an act of parliament

Question 8

What type of offence is ASSAULT?

Answer 8

Summary offence

Question 9

What is the maximum sentence for ASSAULT?

Answer 9

Six months imprisonment or fine

Question 10

What is the definition of ASSAULT?

Answer 10

‘Intentional or reckless causing of an apprehension of immediate unlawful personal violence’

Question 11

What is the actus reus for ASSAULT?

Answer 11

Any act which makes the victim fear that unlawful force is about to be used against him or her

Question 12

D puts his hand on his sword, constituting an assault case

Answer 12

Tuberville v Savage

Question 13

D threatened his wife with a sword case

Answer 13

R v Light

Question 14

When must the victim feel fear for ASSAULT to apply?

Answer 14

Immediately

Question 15

V feared for ASSAULT when D stood in V’s garden staring through the window case

Answer 15

Smith v Chief Superintendent

Question 16

What is the mens rea of ASSAULT?

Answer 16

Intention to cause assault or reckless as to the assualt

Question 17

What type of offence is BATTERY?

Answer 17

Summary offence

Question 18

What is the maximum sentence for BATTERY?

Answer 18

Up to 6 months imprisonment or a fine

Question 19

What is the definition of BATTERY?

Answer 19

Intentional or reckless application of unlawful force

Question 20

What is the actus reus for BATTERY?

Answer 20

Any unlawful physical contact

Question 21

Is BATTERY direct or indirect?

Answer 21

Both

Question 22

What is an example of direct force in BATTERY?

Answer 22

A slap or punch

Question 23

What is an example of indirect force in BATTERY?

Answer 23

Can be applied using an implement or vehicle

Question 24

D drove onto foot of police officer case

Answer 24

Fagan v Metropolitan Police Commissioner

Question 25

D failed to inform the officer of a needle in his pocket while the officer was searching D, leading to the officer being pricked case

Answer 25

R v Santa-Bermudez

Question 26

Touching the bottom of a woman’s skirt was equivalent to touching the woman case

Answer 26

R v Thomas

Question 27

What is the mens rea for BATTERY?

Answer 27

Intention to apply unlawful force or recklessness as to unlawful force

Question 28

What is the definition of ABH?

Answer 28

‘Any assault occasioning actual bodily harm’

Question 29

What type of offence is ABH?

Answer 29

Triable either-way

Question 30

What is the maximum sentence for ABH?

Answer 30

5 years imprisonment

Question 31

What is the actus reus for ABH?

Answer 31

Same as the actus reus for assault and battery, however the prosecution must prove that the assault or battery caused ABH

Question 32

D made silent phone calls repeatedly to three women, causing one of the women to suffer psychiatric harm case

Answer 32

R v Ireland