Non Fatal Offences

Question 1

What is the maximum sentence for assault

Answer 1

Maximum 6 months in prison
Or £5000 fine

Question 2

Maximum sentence for battery

Answer 2

6 months in prision
£5000 fine

Question 3

Maximum sentence for S47 ABH

Answer 3

Maximum 5 years in prison

Question 4

Max sentence for S20 GBH and Wounding

Answer 4

Maximum 5 years in prison

Question 5

Maximum sentence for S18 GBH and Wounding

Answer 5

Up to life in prison

Question 6

What act is assault under

Answer 6

S39 Criminal justice act 1988

Question 7

Explain actus reus for assault

Answer 7

D does an unlawful act which causes the v to apprehend/fear immediate unlawful personal violence

Question 8

Explain mens reas for assault

Answer 8

Intention or recklessness for the fear of IUPV

Question 9

Logdon

Answer 9

Man showed a woman a fake gun. Woman highly scared
Guilty

Question 10

Misalati

Answer 10

D was verbally abusing people at the job centre
Guilty of assault

Question 11

What act of parliament is battery under

Answer 11

S39 Criminal justice act 1988

Question 12

Explain actus reus for battery

Answer 12

Any application of unlawful force

Question 13

Explain mens rea for battery

Answer 13

Intention or subjective recklessness to apply that force

Question 14

What are the 2 types of battery

Answer 14

Direct or indirect

Question 15

Thomas

Answer 15

D touched a young girls skirt
Guilty of battery as force on clothing is the same as force on a person

Question 16

Haystead

Answer 16

D in an argument with woman holding baby pushed the mum (direct battery) causing her to drop the baby (indirect battery)

Question 17

What act of parliament is ABH under

Answer 17

S47 of the offences against the person act

Question 18

Explain actus reus for ABH

Answer 18

An assault or battery that leads to extra hurt or injury interferring with the victims health and comfort

Question 19

Explain mens rea for ABH

Answer 19

Intention or recklessness for the original assault or battery

Question 20

DPP v K

Answer 20

D took some acid from science and put it in hand dryers
Acid squirted into v’s face causing permanent scarring
Guilty of ABH

Question 21

Explain smith

Answer 21

D goes to v’s house and chops her ponytail off. Affecting her mental health severely
Guilty of ABH
Judge said it had to be a ‘substantial amount’ of hair loss

Question 22

Explain wounding

Answer 22

Breaking two external layers of the skin

Question 23

Explain GBH

Answer 23

Really serious harm

Question 24

What act is wounding and GBH under?

Answer 24

Offences against the person act 1861

Question 25

Explain S20 actus reus

Answer 25

D must inflict GBH or a wound

Question 26

Explain S20 mens rea

Answer 26

Intention or subjective recklessness for some harm

Question 27

Explain S18 actus reus

Answer 27

D must cause GBH or a wound

Question 28

Explain S18 Mens Rea

Answer 28

Direct intent for GBH or wounding or to resit arrest (which causes GBH or wounding)

Question 29

Dica

Answer 29

D had HIV and had unprotected sex with 2 women who didn’t know
Guilty of S20 GBH

Question 30

Bollom

Answer 30

D inflicted various injuries on his partners 17 month old
Mistakes in court meant it got dropped to ABH

Question 31

Eisenhower

Answer 31

D, a minor, shot multiple rounds from an air gun, one pellet hit V in the eye
Not guilty of wounding ( wasn’t a wound as it burst a blood vessel and caused swelling should have been charged with S20 GBH)

Question 32

Taylor

Answer 32

Stabbed v in the back with a knife
Convicted of S18 wounding but appealed to S20 wounding due to judges error