Non-Fatal offences

Question 1

Assault definition

Answer 1

An act where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. (Fagan v MPC)

Question 2

Assault AR

Answer 2

An act which causes the victim to apprehend immediate unlawful violence. (Fagan v MPC)

Question 3

Assault MR

Answer 3

intention or recklessness

Question 4

Actus Reus (assault): An Act

Answer 4

R v Constanza: written words=assault
R v Ireland: Silence=assault

Question 5

Actus Reus (assault): causing the victim to

Answer 5

Causation rules
Factual/Legal

Question 6

Actus Reus (assault): Apprehend

two cases ?

Answer 6

R v Lamb: if v does not anticipate unlawful force= no assault
Logdon v DPP: does not need to be an actual threat for there to be an assault

Question 7

Actus Reus (assault): Immediate

Answer 7

Smith v Chief super intendant of Woking police: immediate does not mean instantaneous but rather imminent
Tubervile v Savage: if words indicate that there will be no violence then there is no assault

Question 8

Mens Rea (assault)

Answer 8

Intention: Fagan v MPC
Recklessness: R v Cunningham.

Question 9

Assault sentencing:

Answer 9

S.39 Criminal Justice Act 1988: 6 months imprisonment and/or unlimited fine

Question 10

Battery definition

Answer 10

R v Ireland: the defendant intentionally or recklessly applies unlawful force upon the victim

Question 11

Battery AR:

Answer 11

Application of unlawful force

Question 12

Battery MR:

Answer 12

Intention or Recklessness

Question 13

Actus Reus (Battery): Application

Answer 13

Needs to be directly applied to the victim
DPP v K: need not be directly applied

Question 14

Actus Reus (Battery): Unlawful

Public ?
Clothing ?

Answer 14

Force must be unlawful
Collins v Wilcock: implied consent in public places
R v Thomas: touching someone’s clothes is unlawful

Question 15

Actus Reus (Battery): Force

Answer 15

Must be sufficient force to constitute Battery
Faulkner v Talbot: any touching will suffice, force need not be rude, hostile or aggressive

Question 16

Actual Bodily Harm (ABH): def

Answer 16

An assault or battery occasioning ABH shall be liable to imprisonment for 5 years
S.47 OAPA 1861

Question 17

ABH AR:

Answer 17

Assault or battery which caused ABH

Question 18

ABH MR

Answer 18

Intention or recklessness to the assault or battery.

Question 19

ABH AR: An assault or battery

Answer 19

Apply law of Assault or Battery

Question 20

ABH AR: Occasioning

Answer 20

Causation applies

Question 21

ABH AR Actual Bodily Harm

Answer 21

R v Chan Fook
Actual: not so trivial to be wholly insignificant
Bodily: Not limited to skin, flesh and bone, can include psychiatric injury
Harm: Anything that goes against the health and comfort of the victim

Question 22

ABH: T v DPP:

consciousness?

Answer 22

Loss of consciousness, even momentarily, can amount to ABH

Question 23

ABH: R v Burstow:

psychiatric injury?

Answer 23

“Bodily harm” must be interpreted to include psychiatric injury `

Question 24

ABH MR: case

Answer 24

R v Roberts: intention or recklessness as to an assault or battery

Question 25

Grievous Bodily Harm | Act?

Answer 25

S.20 OAPA 1861

Question 26

S.20 OAPA 1861: definition | Type of wound? how was it inflicted? result?

Answer 26

Whoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon any person, either with or without any instrument, shall be guilty of an offence’

Question 27

S.20 OAPA 1861: sentencing

Answer 27

5 years imprisonment

Question 28

S.20 OAPA 1861 | AR elements?

Answer 28

Unlawful infliction of a wound

Question 29

S.20 OAPA 1861: Unlawful and infliction

Answer 29

Consent has not been given R v Burstow: infliction means to cause= Causation

Question 30

S.20 OAPA 1861: wound

Answer 30

JCC v Eisenhower: a wound is a cut or break in the continuity of the skin R v wood: a broken bone is not a wound unless the skin is also broken

Question 31

S.20 OAPA 1861: GBH | defining case? is wording relevant? severity acording to....? HIV?

Answer 31

DPP v Smith: GBH means really serious harm R v Saunders: The word really is superfluous= serious harm R v Bollom: the severity of injuries should be assed according to the victims age and health R v Dica: infecting someone with HIV is GBH

Question 32

S.20 OAPA 1861: Mens rea

Answer 32

R v Cunningham (1957): The word maliciously means ‘intention or recklessness’. It does not require any ill will towards the person injured R v Savage (1991): The defendant must intend or be reckless as to ‘some harm’

Question 33

S.18 OAPA 1861: AR

Answer 33

Same as S.20

Question 34

S.18 OAPA 1861: MR

Answer 34

R v Taylor (2009): Intention to wound is not enough for the mens rea of S.18. The defendant must have intended to cause GBH or prevent arrest R v Nedrick (1998): Indirect intention is sufficient intention for S.18 R v Morrison (1989): Where the defendant is trying to resist arrest they must intend to resist the arrest but can be reckless as to whether their actions will cause injury