Non Fatal Offences

Question 1

What act does assault come under and which section number is it ?

Answer 1

s.39 of the criminal justice act (1988)

Question 2

What is the maximum sentence for assault ?

Answer 2

Six month custodial sentence / £5000 fine

Question 3

What is the actus reus for assault ?

Answer 3

“Causing an individual to apprehend the infliction of immediate and unlawful force”

Question 4

What is the mens rea for assault ?

Answer 4

“Intention or recklessness as to the assault”

Question 5

Case which established silent phone calls could amount to an assault ?

Answer 5

Rv Ireland

Question 6

Case which established that threatening letters could amount to an assault ?

Answer 6

Rv Constanza

Question 7

Which civil law case defined that words can nullify an assault ?

Answer 7

Tuberville v Savage

Question 8

What act does battery come under and what section number is it ?

Answer 8

s.39 of the criminal justice act (1988)

Question 9

What is the maximum sentence for battery ?

Answer 9

Six month custodial sentence / £5000 fine

Question 10

What is the actus reus for battery ?

Answer 10

“The application of unlawful force unto another individual”

Question 11

What is the mens rea for battery ?

Answer 11

“Intent or recklessness as to the battery”

Question 12

Which case established touching clothes can amount to battery ?

Answer 12

Rv Thomas

Question 13

Which case established battery can be carried out indirectly

Answer 13

DPP v K

Question 14

What act does ABH come under and what section is it ?

Answer 14

s.47 of the “offences against the person act” (1861)

Question 15

What is the actus reus for ABH ?

Answer 15

“Assault or battery which occasions ABH”

Question 16

What is the maximum sentence for ABH ?

Answer 16

Up to five years custodial sentence

Question 17

What does “Miller” define ABH as ?

Answer 17

“Any hurt or injury calculated to interfere with the health or comfort of the victim”

Question 18

What is the mens rea for ABH ?

Answer 18

“Intent or recklessness as to the assault / battery”

Question 19

Which case established psychiatric harm could amount to ABH ?

Answer 19

Chan Fook

Question 20

Which case established being knocked unconscious “even for a second”, amounts to ABH

Answer 20

T V DDP

Question 21

What act and which sections do both GBH offences come under ?

Answer 21

s.18 / s.20 of the “offences against the person act” (1861)

Question 22

Which is the key difference between both s.18 and s.20 GBH ?

Answer 22

Level of intent *

Question 23

What is the sentencing for s.20 GBH ?

Answer 23

Up to five years custodial sentence

Question 24

What is the senetncing for s.18 GBH ?

Answer 24

Up to life imprisonment *

Question 25

What does DPP v Smith define GBH as ?

Answer 25

“Really serious harm”

Question 26

What is the actus reus for s.20 GBH ?

Answer 26

To wound or inflict GBH

Question 27

What is the actus reus for s.18 GBH

Answer 27

To wound or cause GBH

Question 28

What is the mens rea for s.20 GBH ?

Answer 28

Intent or recklessness as to “some harm”

Question 29

What is the mens rea for s.18 GBH ?

Answer 29

Intent to cause GBH

Question 30

Which case established that severe psychiatric harm amounts to GBH

Answer 30

“Burstow”