non fatal offences

Question 1

what act are non fatal offences found in?

Answer 1

Offences Against the Person Act (1861)

Question 2

what are the non-fatal offences?

Answer 2

• assault
• battery
• abh
• gbh s.20
• gbh s.18

Question 3

assault

Answer 3

• covered by common law and this is where we find the definition – (Collins v Wilcock)
• charged under s.39 Criminal Justice Act 1988
• summary offence with a maximum sentence of 6 months imprisonment

Question 4

actus reus of assault

Answer 4

causing victim to apprehend the infliction of immediate unlawful force

Question 5

mens rea of assault

Answer 5

intentionally or recklessly causing V to apprehend the infliction of immediate unlawful force

Question 6

assault actus reus + mens rea

Answer 6

assault is intentionally or recklessly (mens rea) causing the victim to apprehend the infliction of immediate unlawful force (actus reus)

Question 7

assault cases

Answer 7

• logdon
• arobieke
• tuberville v savage
• meade
• ireland
• constanza
• smith v chief superintendent of working police

Question 8

logdon

Answer 8

(fake gun) does not matter if the threat is empty, if the victim thinks it is going to happen, that is all that matters

Question 9

arobieke

Answer 9

across train - had to actually be able to happen

Question 10

tuberville v savage

Answer 10

words can negate an assault so if I say “I would hit you, but I am not going to” then there is no assault as the victim doesn’t apprehend force

Question 11

meade

Answer 11

assault can be through words or singing

Question 12

ireland

Answer 12

silent telephone calls can be an assault

Question 13

constanza

Answer 13

threatening letters can be an assault

Question 14

smith v chief superintendent of woking police station

Answer 14

changed the word “immediate” to “imminent” instead

Question 15

what case defined ‘intentionally’?

Answer 15

Mohan definition – “decision to bring about a prohibited consequence”.

Question 16

what case defined ‘recklessly’?

Answer 16

Cunningham definition - defendant knew there was a risk but decided to take it anyway

Question 17

battery

Answer 17

• covered by common law and this is where we find the definition – (Collins v Wilcock)
• charged under s.39 Criminal Justice Act 1988
• summary offence with a maximum sentence of 6 months imprisonment

Question 18

actus reus of battery

Answer 18

application of unlawful force

Question 19

mens rea of battery

Answer 19

intentionally or recklessly applying unlawful force

Question 20

collins v wilcock

Answer 20

slightest touch is enough, does not have to be violent (must be physical force)

Question 21

thomas (battery)

Answer 21

touching clothes is enough

Question 22

santana bermudez

Answer 22

can be done through an omission, if D had a duty to act (RARE)

Question 23

fagan

Answer 23

battery is a continuing act

Question 24

martin (battery)

Answer 24

indirect application of force is enough – does not have to
be direct

Question 25

DPP v K

Answer 25

reaffirmed Martin

Question 26

battery without an assault

Answer 26

* this is possible – if victim unaware that unlawful force is about to be used on him e.g. sneaks up on him * AND DPP v Majewski (1976) - getting drunk is a reckless course of conduct and is sufficient for the mens rea of assault

Question 27

common assault

Answer 27

* assault + battery * more common than individually

Question 28

abh s.47

Answer 28

* defined in Section 47 of the Offences Against the Person Act (1861) * TEW offence with a maximum sentence of 5 years imprisonment

Question 29

where is abh defined?

Answer 29

miller

Question 30

what is abh defined as in miller?

Answer 30

“any harm calculated to interfere with the health or comfort of the victim”

Question 31

actus reus of abh

Answer 31

doing an assault or battery which occasions (causes) ABH

Question 32

mens rea of abh

Answer 32

intentionally or recklessly committing an assault or battery

Question 33

ireland (abh)

Answer 33

recognised psychiatric illness can count as ABH

Question 34

DPP v smith

Answer 34

cutting off a ponytail was sufficient to be ABH

Question 35

T v DPP

Answer 35

temporary loss of consciousness is sufficient to be ABH

Question 36

roberts (abh)

Answer 36

D guilty as committed battery and assault, so liable for the ABH

Question 37

gbh s.20

Answer 37

* defined in Section 20 of the Offences Against the Person Act (1861) * It is a TEW offence with a maximum sentence of 5 years imprisonment

Question 38

actus reus of gbh s.20

Answer 38

wounding OR **inflicting** GBH | wound defined in eisenhower, gbh in saunders

Question 39

where is 'wound' defined?

Answer 39

Eisenhower - “a break in the continuity of the skin” (Wood)

Question 40

what case is gbh defined in?

Answer 40

Saunders as: “serious harm”

Question 41

mens rea of gbh s.20

Answer 41

recklessness or intention to do **some harm** | mohan + cunningham definitions

Question 42

burstow

Answer 42

harm can be psychiatric - stalking | s.20 gbh

Question 43

dica

Answer 43

harm can be reckless transfer of HIV | s.20 gbh

Question 44

lewis

Answer 44

harm can be indirect – jumped out window breaking both legs | s.20 gbh

Question 45

bollom

Answer 45

vulnerability of victim can elevate harm - baby – bruises and cuts | s.20 gbh

Question 46

gbh s.18

Answer 46

* defined in Section 18 of the Offences Against the Person Act (1861) * indictable offence with a maximum sentence of discretionary life imprisonment

Question 47

actus reus gbh s.18

Answer 47

wounding or **causing** GBH | wound defined in eisenhower, gbh in saunders

Question 48

mens rea of gbh s.18

Answer 48

intention to cause **serious harm** | recklessness is insufficient, oblique intent can apply if relevant

Question 49

R v rowe

Answer 49

first case to convict for intentionally infecting V with HIV | s.18 gbh

Question 50

morrison (1989) | gbh s.18

Answer 50

D dragged police officer who was trying to arrest him through a window to try and escape. V was badly cut by the glass. Court held that although he did not intend serious harm he was reckless (this would normally constitute a S.20 conviction however, when s.20 is combined with an attempt to resist or prevent arrest then it is upgraded to S.18) | s.18 gbh