Non Fatal Offences

Question 1

Assault: law

Answer 1

S.39 Criminal Justice Act

Question 2

Assault: definition

Answer 2

“An act which causes the victim
to apprehend the infliction of immediate unlawful force.”

Question 3

Assault: actus reus

Answer 3

• Act
• apprehend
• immediate unlawful force

Question 4

Assault: Act

Answer 4

• Requires a positive act
• Words can be written or verbal - R v Constanza (1997)
• Silent calls can constitute an assault - R v Ireland (1997)

Question 5

Assault: apprehend

Answer 5

• As a result of the act, the victim must fear that unlawful force will be used against them
• R v Logdon (1976): must fear some sort of force
• R v Lamb (1967): Pointed an unloaded gun at someone who is aware does not result in an assault

Question 6

Assault: immediate unlawful force

Answer 6

force must be unlawful and immediate
• immediate does not mean instant: Smith v Woking (1983)

Question 7

Assault: mens rea

Answer 7

• Intention to cause fear
• Recklessness which caused fear

Question 8

Battery: contained under?

Answer 8

s.39 Criminal Justice Act 1988

Question 9

Battery: definition

Answer 9

” the application of unlawful force”

Question 10

Battery: actus reus

Answer 10

application: Collins v Wilcock
unlawful force: Pegram v DPP

Question 11

Battery: Mens rea

Answer 11

• intention to apply unlawful force
• subjective recklessness as to whether unlawful force was applied
• R v Venna or R v Spratt

Question 12

ABH s.47: introduction

Answer 12

• contained s.47 of Offences Against the Person Act (OAPA)
• “an assault occasioning actual bodily harm”

Question 13

ABH: actus reus

Answer 13

• assault or battery
• occasioning (causation)
• bodily harm (Miller)

Question 14

ABH: mens rea

Answer 14

• D intends or is reckless in terms of an assault/battery.
• the mens rea for an ABH is that of the original assault or battery

Question 15

GBH s.20: introduction

Answer 15

• “unlawfully wound or inflict grievous bodily harm without a weapon or instrument”
• s.47 of OAPA

Question 16

GBH s.20: actus reus

Answer 16

• unlawful
• wound
• GBH
• causation

Question 17

GBH s.20: unlawful

Answer 17

lawful act:
• self defence
• consent

Question 18

GBH s.20: wound

Answer 18

“a break in the continuity of the skin” - JCC v Eisenhower

Question 19

GBH s.20: GBH

Answer 19

• really serious harm - Smith
• serious harm - Saunders
• psychiatric harm - Burstow
• HIV - Dica

Question 20

GBH s.20: mens rea

Answer 20

• intention or recklessness as to whether D caused some harm
• must prove D either intended their act to result in some unlawful bodily harm (Cunningham)

Question 21

GBH s.18: introduction

Answer 21

• “unlawfully wound or inflict GBH on another individual with intention to do so.”
• s.18 OAPA

Question 22

GBH s.18: actus reus

Answer 22

• unlawful
• wound
• GBH
• causation
(SAME AS GBH S.20)

Question 23

GBH s.18: mens rea

Answer 23

• direct intent to cause GBH
• intention to wound is not enough (Taylor)
• foresight of consequence - oblique intent (Belfon)