Non - Fatal Offences

Question 1

What act covers common assault (assault and battery)?

Answer 1

S39 Criminal Justice Act 1988 - 6 months max

Question 2

How to define assault?

Answer 2

Intentionally or recklessly cause the victim to fear immediate unlawful personal violence

Question 2

What is the actus reus for assault?

Answer 2

Must be a positive act - no omission Does not need to be serious violence
D does any act or says something which causes V to believe that unlawful force is about to be used against them.
R v Ireland and Constanza
V must apprehend or fear unlawful force- R v Logdon and Lamb
Words can cancel out assault- Tuberville v Savage
Force V apprehends must be imminent - Smith v Chief Constable of Woking ,If obvious D cannot use force there is no assault

Question 3

What is the final thing you must prove for the AR of assault?

Answer 3

Causation- factual and legal

Question 4

What is the mens rea for assault?

Answer 4

Intention to cause another fear of immediate unlawful violence R v Mohan or recklessness as to whether such fear is caused R v Cunningham

Question 5

What is the definition for battery?

Answer 5

Intentionally or recklessly apply unlawful force to another

Question 6

What is the actus reus for battery?

Answer 6

Must be application of force- touching is enough R v Thomas
Force must be unlawful Collins v Wilcock
Battery committed by an indirect act DPP v K and Haystead

Question 7

What is the act that covers actual bodily harm and how does it define it ?

Answer 7

Section 47 of the Offences Against the Person Act 1861- an assault or battery that occasion actual bodily harm 5 years max

Question 8

What is the Mens rea for battery?

Answer 8

The intention to apply unlawful physical force or recklessness that force will be applied

Question 9

What is the actus reus for actual bodily harm?

Answer 9

1. Common assault- prove there was an assault or battery (all ar and mr elements)
2. Occasioned(causation)- assault or battery was factual and legal cause of injuries
3. ABH- Chan Fook Harm - not so trivial as to be wholly insignificant
   Bodily harm- not limited to skin,flesh and bones. It includes organs and psychiatric harm but not mere emotions
   T v DPP- Losing consciousness
   R v Smith - hair abh applies to all parts of the body

Question 10

What is the mens rea for actual bodily harm ?

Answer 10

D intends or is reckless in terms of the assault of the battery and if he causes harm which constitutes abh R v Roberts

Question 11

Define s.20 Grievous bodily harm

Answer 11

S20 Offences Against the Person Act 1861- Unlawful and malicious wounding or inflicting any grievous bodily harm -5 years

Question 12

What is the mens rea for s20 GBH

Answer 12

Maliciously - intentionally or recklessly causing some harm d does not need to intend specific injuries

Question 12

What is the actus reus of GBH s20

Answer 12

GBH - serious harm R v Saunders
Bollom - V’s age and health are relevant when injury amounts to a GBH
Burstow - Psychiatric harm included
Dica - HIV was GBH
Brown and Stratton- Combination of lesser injuries
Wounding- break in continuity of the skin JCC v Eisenhower
Causation

Question 13

How is s18 GBH defined

Answer 13

Unlawful and malicious wounding or causing gbh to any person with intent to do some GBH to any person -Max life

Question 14

What is the actus reus for s18

Answer 14

Same as section 20

Question 15

What is the mens rea for s18

Answer 15

Direct intent to cause serious harm, intent to wound not enough R v Taylor
Indirect intent to cause serious harm if the act or omission of D is virtually certain to cause GBH and D realises this R v Belfon
Resist or prevent arrest- Level of intention regarding the injury is lower. D must have had specific intention to prevent arrest but only needs to have been reckless as to whether his actions would cause a wound or injury R v Morrison