Non-Fatal Offences Flashcards
What is the definition of assault in UK law?
Assault is an act that causes another person to apprehend immediate unlawful violence.
True or False: Battery requires physical contact.
True
What section of the Offences Against the Person Act 1861 defines Assault occasioning Actual Bodily Harm (ABH)?
Section 47
Fill in the blank: The maximum sentence for Assault is _____.
6 months imprisonment
What is the difference between s20 and s18 GBH?
s20 GBH is inflicted without intent to cause serious injury, while s18 GBH is inflicted with intent.
What does GBH stand for?
Grievous Bodily Harm
True or False: Wounding is defined as breaking the skin.
True
What is the penalty for s20 GBH?
Up to 5 years imprisonment
What must be proven for a charge of battery?
That there was intentional or reckless application of force.
What is the maximum penalty for s18 GBH?
Life imprisonment
Fill in the blank: ABH requires that the victim suffers _____.
Actual bodily harm
What is the mens rea for Assault?
Intention or recklessness as to causing apprehension of immediate unlawful violence.
True or False: Consent is a defense to assault and battery.
True
What is the key difference between assault and battery?
Assault is the threat of violence; battery is the actual application of force.
What is the terminology used for the act of causing bodily harm with intent?
s18 GBH
Fill in the blank: The term ‘actual bodily harm’ includes any injury that is _____.
more than trivial
What does the term ‘wounding’ mean in the context of GBH?
Breaking the skin, causing blood to flow.
What is the standard of proof required in a criminal case?
Beyond a reasonable doubt
True or False: ABH can be charged if the injury is psychological.
False
What is the actus reus for s20 GBH?
Causing serious injury to another person.
Fill in the blank: The act of throwing a drink at someone can be considered as _____.
Battery
What are the key elements needed to prove s47 ABH?
Assault or battery, and actual bodily harm caused.
True or False: A person can be charged with both assault and battery for the same incident.
True
What does ‘recklessness’ mean in the context of non-fatal offences?
Consciously disregarding a substantial risk of causing harm.
What type of injury does s18 GBH typically involve?
Serious injury or life-threatening harm.
Fill in the blank: For a battery charge, the force applied must be _____.
Unlawful
What is the legal term for the intent to cause serious harm in s18 GBH?
Malicious intent
True or False: The victim’s consent can never be a defense in cases of GBH.
False
What is the maximum penalty for s47 ABH?
5 years imprisonment
In which section of the Offences Against the Person Act is Battery defined?
Section 39
Fill in the blank: A cut that does not break the skin would not qualify as a _____.
Wound
What is the significance of the case R v Ireland (1997) regarding assault?
It established that silence can amount to assault.
True or False: Psychological harm can be considered under s20 GBH.
False
What is required to establish the actus reus of s47 ABH?
Proof of assault or battery resulting in actual bodily harm.
Fill in the blank: The term ‘grievous’ in GBH means _____.
Serious or severe
What type of intent is required for s18 GBH?
Specific intent to cause serious injury.
True or False: A person can only be charged with one type of non-fatal offence for a single act.
False
What is the significance of the case R v Thomas (1985) regarding battery?
It confirmed that touching someone’s clothing can amount to battery.
Fill in the blank: A slap on the face can be classified as _____.
Battery
What is the main difference between ‘occasioning’ and ‘causing’ in the context of ABH?
Occasioning implies a direct link to the assault or battery that led to harm.
What is the standard of intent required for battery?
Intent or recklessness to apply force.
True or False: The law distinguishes between different types of harm in non-fatal offences.
True
