NON-FATAL OFFENCES

Question 1

Give the hierarchy of the non-fatal offences

Answer 1

Least serious to most:
1)assault
2)battery
3)ABH
4)S20 GB
5)S18 GBH

Question 2

IDENTIFYING NON FATAL OFFENCES-FLOW CHART

WAS THE VICTIM INJURED?
No the victim wasn’t injured

Answer 2

If the victim wasn’t injured then it’s :

Assault and/or battery
(If no physical contact then assault, if physical contact then battery)

Question 3

IDENTIFYING NON FATAL OFFENCES-FLOW CHART

WAS THE VICTIM INJURED?
YES the victim was injured

Answer 3

Yes the victim was injured:
-HOW SERIOUS WAS THE INJURY:

IF SLIGHT- it’s assault occasioning ABh under S47 OAPA (1861)

IF REALLY SERIOUS OR A WOUND:

-did the defendant intend to cause serious harm?

NO-
-most likely wounding it GBH under S20 OAPA (1761)- but need MR for some physical harm.
-if no MR for some physical harm then S.47

-did the defendant intend to cause serious harm?

-YES:
-it’s wounding or GBH either way intent under S.18 OAPA

Question 4

What does assault mean?

Answer 4

-non physical offence
- assault occurs when a person apprehends lawful force

(Other person thinks you’re going to use force against them)

Question 5

What would you state in first paragraph when talking about assault?

Answer 5

-The D is likely to be charged with assaults
-Where assault is defined from
-state the act etc

Question 6

What is assault defined by?

Answer 6

Assault is defined by common law (defined by cases)

Question 7

What is the Act that mentions assault?

Answer 7

Section 49 of the criminal Justice Act 1988.

Question 8

What does S39 of the Criminal Justice Act 1988 mention about assault?

Answer 8

Section 39 of the Criminal Justice Act 1988 mentions assault as being a summary offence with a fixed term sentence of 6 months.

Question 9

What is the ACTUS REUS of assault?

Answer 9

The ACTUS REUS of assault is:

-An act that causes the victim to apprehend immediate unlawful force.

Question 10

In terms of discussing the act, what would you then say? (After talking about AR)

Answer 10

There must be an act. It cannot be an omission.

Question 11

What are the ways that the act can that act be through

Answer 11

-Written or spoken words- Constanza

-Actions (e.g looking through a window)- Smith V Chief Superintendent of Woking Police (Smith V CSoWP)

-Silence (Ireland)

(APPLY AFTER EACH)

Question 12

What would you say when discussing APPREHENSION OF UNLAWFUL FORCE?

Answer 12

State :

The victim must apprehend unlawful force (Lamb)

THEN APPLY TO SCENARIO

Question 13

What would you say when discussing assault being IMMEDIATE?

Answer 13

State:
-The V must apprehend that the unlawful force will pursue immediately.

-In Smith v CSOWP, the court stated that immediate does not have to mean there and then. It is immediate if the V does not know what will happen next. (The V must believe that unlawful force will be applied to them next).
APPLY

If relevant, state and apply:

-If no immediate harm can actually pursue then it cannot be assault.

-In Tuberville v Savage, the court held that where there is a conditional threat, the words can negate

Question 14

Review:

What did the court state in Smith V CSoWP?

Answer 14

The court stated that immediate does not have to mean there and then.

It is immediate if the V does not know what will happen next.

Question 15

What does Tuberville V Savage state?

Answer 15

If no immediate harm can actually pursue then it cannot be assault.

-In Tuberville V Savage the court held that where there is a conditional threat, the words negate the threat.

(APPLY)

Question 16

What should you discuss about unlawful force?

Answer 16

-This should have already been discussed under ‘apprehend’.

-If there are any causation issues, discuss this before concluding AR

• then conclude is AR met.

Question 17

What is the mens rea of assault?

Answer 17

The mens rea of assault is:

Intentional or recklessness as to causing the victim to apprehend immediate unlawful force - SAVAGE

THEN APPLY
(If transferred malice is an issue discuss here)

-CONCLUDE IS AR MET?

-OVERALL CONCLUSION

Question 18

What would you first talk about in a Battery scenario?

Answer 18

-D is likely to be charged with battery
-what its provided by
-the act

Question 19

What is Battery provided under?

Answer 19

Battery is provided under common law.

Question 20

Which Act mentions battery?

Answer 20

(However), Section 39 of the Criminal Justice Act mentions the fact that it is a a summary offence and that it has a fixed term sentence of 6 months.

Question 21

What is the ACTUS REUS of battery?

Answer 21

Application of unlawful force

(If an omission in scenario discuss before talking about AR)

Question 22

State what was said in Collins V Wilcock:

Answer 22

In Collins V Wilcock:

Lord Goff said:

-an unwanted touch can technically amount to unlawful force. This was confirmed in Thomas.

APPLY

IF RELEVANT STATE AN APPLY:

Thomas said this includes the slightest of touch (In this case, the caretaker touched the girl’s hem of her skirt).

IF RELEVANT STATE AN APPLY
.
> Lord Goff also said, however, that everyday jostling is inevitable (and there is implied consent to it)
but ‘no greater degree of contact than that necessary should be used’.

-If greater degree of contact is used than necessary, then that can be unlawful force.

Question 23

What does DPP V K and HAYSTEAD illustrate
( you only state this if relevant and then apply)

Answer 23

• A battery may be indirect (where D doesn’t aim to touch V)

-This was illustrated in DPP v K and HAYSTEAD (student and acid)

Question 24

IF RELEVANT what should you state about the force being unlawful?

Answer 24

If relevant state:

-The force has to be ‘unlawful’. It may be lawful if the V consents

Apply or if used in self-defence/defence of another/prevention of crime

Apply

-the state (if relevant):

-Force may be lawful if used in the correction of a child by a parent.

-if any causation issue discuss before concluding MR.

-CONCLUDE: IS AR MET OR NOT

Question 25

WHAT IS THE MENS REA OF BATTERY?

Answer 25

State:
The mens rea of battery is:

-intention or recklessness as to the application of unlawful force (Savage)

Apply (pick if intention/recklessness- unsure go through both)

> If transferred malice an issue, discuss this here
If coincidence rule is an issue, discuss this after concluding MR.

Discuss if MR is met or not.

-OVERALL CONCLUSION