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Criminal Law > Non-fatal offences > Flashcards

Non-fatal offences Flashcards

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1
Q

What is the hierarchy of non-fatal offences from most to least serious?

A
  1. Wounding or GBH with intent (s18)
  2. Wounding or GBH (s20)
  3. Assault occasioning ABH (s47)
  4. Battery
  5. Assault
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2
Q

What is assault?

A

Intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence

Apprehend = V believes D will use violence against them

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3
Q

Need touching occur for assault?

A

No touching need occur nor applied force

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4
Q

What is the AR of assault?

A

Causing victim to apprehend immediate and unlawful personal violence

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5
Q

What does apprehension mean re the AR of assault? Does it mean fear? And what is needed for it from the D? What can negate it?

A
  • Make victim expect - not necessarily fear - personal violence
  • Words alone and silence is enough (can convey message)
  • Words can negate assault (‘if it were not assize time, I would not take such language from you’)

Lamb - one teen shoots another dead, both thought was safe - no assault as V did not fear infliction!

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6
Q

Must D actually have the means to carry out the threat?

E.g. using replica gun to threaten somebody

A

No - means irrelevant if apprehension is caused

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7
Q

What does immediate, unlawful, and personal violence mean re the AR of assault?

A
  • Immediate = immediate future/imminent (but not instantaneous)
  • Unlawful = not done in self-defence/with consent
  • Personal violence = anticipates physical force/violence (not psychological)

‘Personal violence’ can be an unwanted touch

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8
Q

What is the MR of assault?

A

Intention or reckless as to causing V to apprehend immediate unlawful personal damage

Intention = D’s aim or purpose
Recklessness = risk their actions will cause victim to apprehend and it was unreasonable to take risk in circumstances known to D

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9
Q

What is battery?

A

The actual intended or reckless use/application of unlawful force to another person without consent

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10
Q

What is the AR of battery?

A

Application of unlawful force on another

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11
Q

Must applicationof battery be direct, indirect or an omission re AR?

A

Can be:

  • Direct (hitting with weapon)
  • Indirect (digging a pit which V falls into)
  • Omission (police officer searching pockets and finger is pierced by hypodermic needle)
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12
Q

What will not count as unlawful force under AR of battery?

A

Inevitable everyday contact e.g. jostling in supermarket, underground etc.

Does not cover grabbing people

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13
Q

What degree of force or hostility is necessary for the AR of battery?

A

The merest of touch however slight can amount to battery; does not have to be hostile or aggressive

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14
Q

Will touching someone’s clothes count as force?

A

Yes

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15
Q

What happens if battery results in harm more than trivial?

A

Liable for s47 offence (assault occasioning ABH)

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16
Q

What is the MR for battery?

A

Intention or recklessness (as to applying unlawful force on another person)

17
Q

What is the maximum penalty for battery?

A

6 months in prison and/or £5,000 fine

18
Q

What is the maximum sentence for assault occasioning ABH (s47)?

A

Imprisonment for no longer than 5 years

19
Q

What is the AR for s47?

A

Assault occasioning ABH

20
Q

What does assault mean in AR of s47 and what must be established?

A
  • Means assault or battery
  • AR and MR of either must be established
21
Q

What does occasioning mean under AR of s47?

A

Assault of battery must result in ABH being caused to victim - normal rules of causation apply

Can be through omission!

22
Q

What does actual bodily harm mean under AR of s47?

A

Any hurt/injury calculated that interferes with health/comfort of the victim - not serious or permanent but more than transient and trifling

Not so trivial as to be wholly insignificant

23
Q

What does ‘more than transient and trifling’ under ABH include?

A
  • Momentary loss of consciousness
  • Cutting hair off (still part of body!)
  • Psychiatric (but not mere emotions) injury
24
Q

What is the MR for s47?

A

MR for assault or battery = intention or recklessness as to:
* Assault = causing V to apprehend immediate and unlawful personal violence; or
* Battery = applying unlawful force upon another

25
Q

What is the MR for the ABH?

A

Not required! Only MR for assault or battery is required for s47

26
Q

What two offences are created by s20?

A
  1. Malicious wounding
  2. Maliciously inflicting GBH
27
Q

What is the AR for s20?

A

Wounding or infliction of GBH

28
Q

What is the difference between wounding and inflicting in s20 AR?

A
  • Wounding = a break in continuity of both layers of skin however severe (e.g. rupture of internal blood vessels not enough)
  • Inflicting = causing - can be infliction without assault being committed which cause e.g. psychological injury
29
Q

What does grievous bodily harm mean under s20 AR? Does it include more than physical injuries?

A

Really serious harm
* Can include psychiatric injury if sufficiently serious and proved by expert evidence

30
Q

Will multiple cuts on their own amount be seen in isolation and therefore not very serious?

I.e. serious enough to be GBH

A

Multiple cuts taken together could amount to serious harm

Must consider effect of injuries on V as well as age/health

31
Q

What is the MR for s20? What degree of harm is necessary?

A

D must intend or be reckless as to the causing of some harm

32
Q

Must the D have foreseen the physical harm as described in s20 i.e. really serious?

A

No - enough they foresaw some physical harm albeit minor

33
Q

What two offences are created by s18?

A
  1. Maliciously wounding with intent to cause GBH; and
  2. Maliciously inflicting GBH with intent to cause GBH
34
Q

What is the difference between s20 (wounding or inflicting GBH) and s18 (wounding or causing GBH with intent) re AR and MR?

A
  • AR exactly the same (wounding = break of skin / infliction = cause)
  • MR - D must intend (directly or obliquely) to cause harm which amounts in law to GBH (serious harm)
35
Q

Is recklessness enough under s18?

A

No, direct or oblique intention is needed

36
Q

What injuries would come under ABH?

A
  • Temporary loss of sensory function (sight or hearing)
  • Temporary loss of consciousness
  • Extensive bruising
  • Cutting someone’s hair without their consent
  • Minor fractures
  • Psychiatric injury more than trivial (beyond mere fear, distress)
37
Q

What injuries would come under GBH?

A

Wound - breaking of both layers of skin
GBH
* Permanent loss of sensory function
* Permanent disability
* Broken bones
* Fractured skull
* Substantial blood loss

38
Q

Are intention and recklessness the MR for every non-fatal offence?

A

All except s18 - wounding or GBH with intent

39
Q

All ARs and MRs

A

Assault

  • AR = causing someone to apprehend unlawful and immediate personal violence
  • MR = intention or recklessness

Battery

  • AR = unlawful application of force on another person
  • MR = intention or recklessness

S47 (assault occasioning ABH)

  • AR = assault or battery (occasioning ABH)
  • MR = intention or recklessness as to assault or battery

S20 (wounding or inflicting GBH)

  • AR = wounding or infliction of GBH
  • MR = intention or recklessness as to causing some harm

S18 (wounding or inflicting GBH with intent)

  • AR = wounding or infliction of GBH
  • MR = intention to wound or inflict GBH

Criminal Law (7 decks)

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