non-fatal offences

Question 1

actus reus of ABH

Answer 1

• ‘any hurt or injury calculated to interfere with the health and comfort of the victim’ (R v Miller 1954)
• the actus reus requires an assault or a battery which must cause actual bodily harm
• covers injuries such as bruises, scratches, a broken nose, a broken finger or other minor injuries
• causation is proven

Question 2

the law of ABH

Answer 2

• either way offence
• heard in magistrates or crown
• max sentence 5 years (case would be heard in crown for such a large sentence)
• statutory offence under section 47 Offences Against The Person Act 1861

Question 3

T v DPP

Answer 3

• ABH
• momentarily losing consciousness is ABH

Question 4

DPP v Smith

Answer 4

• unlawfully cutting someone’s hair can amount to ABH

Question 5

Chan-fook

Answer 5

• ABH includes psychiatric injury

Question 6

mens rea of ABH

Answer 6

• same mens rea as assault or battery
• mens rea is :
  intention to cause fear or apply unlawful force
  or
  recklessness that the victim fears or is subjected to unlawful force (Cunningham)

Question 7

mens rea of ABH

Answer 7

• d does not have to intend or be reckless to cause ABH - just intend or be reckless to cause an assault or battery (Roberts)

Question 8

the law of assault

Answer 8

• common law offence, summary heard in Magistrates court
• maximum 6 month sentence and/or a fine (S39 CJA 1988)
• to commit this offence a d must:
  ‘intentionally or recklessly cause another person to fear immediate unlawful personal violence’

Question 9

actus reus of assault

Answer 9

• does not require and physical contact - requires some act or words,
• omission is not enough for this offence - must be an act or words,
• actus reus completed when d does any act or says something causing V to believe unlawful force is about to be used on them,
• important part of actus reus is act or words must cause victim to fear immediate force is about to be used against them (Logdon),

Question 10

immediate violence

Answer 10

• Constanza
• any time, not excluding the near future

Question 11

words as an assault

Answer 11

• Ireland

Question 12

Mens rea of assault

Answer 12

• stated in Savage 1991
  intention to cause another to fear/apprehend immediate unlawful personal violence
  or
  recklessness as to whether such fear is caused

Question 13

the law of battery

Answer 13

• common law summary offence
• maximum 6 months sentence and/or unlimited fine (s39 CJA 1988)
• stage beyond an assault where d ‘intentionally or recklessly applies unlawful force to another’
• usually an assault followed by a battery

Question 14

actus reus of battery

Answer 14

• requires some FORCE
• can be the slightest touching or touching someone’s clothes (Thomas)
• force may be through a continuing act (Fagan) or an omission
• implied consent exists where there was jostling in crowded places (Collins v Willcock)

Question 15

battery though indirect force

Answer 15

DPP v K or Haystead

Question 16

mens rea of battery

Answer 16

• Venna 1976
• mens rea is either :
  intention to apply unlawful physical force
  or recklessness that the force will be applied (cunningham)

Question 17

what is GBH?

Answer 17

• there are two offences which involve wounding or GBH - s.18 and s.20 of the Offences Against the Person Act 1861
• actus reus for both is the same
• both require the consequence of a wound or grievous bodily harm
• difference is the level of mens rea required

Question 18

actus reus of GBH s.20

Answer 18

• section 20 states:
  ‘whoever unlawfully and maliciously wounds or inflicts grievous bodily harm (with or without a weapon) shall be guilty of an offence’
• either way offence max sentence 5 years
• ‘wound’ is any external injury breaking both the inner and outer layers of skin, bruise, broken bone, internal injury or bleeding is not sufficient
• a cut or graze could be if both layers of skin are broken

Question 19

internal bleeding GBH s.20

Answer 19

• it would have to fall into the category of ‘really serious harm’ to be considered GBH otherwise it would just be ABH (Eisenhower)

Question 20

what is GBH? s.20

Answer 20

• grievous bodily harm means really serious harm, but it does not have to be life threatening DPP v Smith
• examples : injury resulting in permanent disability, substantial loss of blood, permanent loss of a sensory function, serious broken bones, lengthy treatment

Question 21

serious psychological harm

Answer 21

• Burstow

Question 22

mens rea of s.20

Answer 22

• requires the d to either: (Mowatt)
  Intend to cause another person some unlawful bodily harm
  or
  be reckless that the victim suffers some unlawful bodily harm (cunningham)
• if d specifically intends to cause a serious amount of harm, its then s.18
• d doesn’t have to foresee serious injury just SOME injury (Parmenter)

Question 23

GBH s.18

Answer 23

• section 18 of the Offences Against the Person Act 1861
• the most serious non-fatal offence
• indictable, max sentence life, heard in crown

Question 24

GBH s.18 actus reus

Answer 24

• same as s.20
• either wounding or causing GBH

Question 25

GBH s.18 actus reus

Answer 25

- specifically intention to cause really serious harm - intention to cause GBH (Taylor)

Question 26

morrison

Answer 26

- someone can be charged with s.18 if they have intention to resist arrest and have intentionally or recklessly caused harm in the process

Question 27

psychological GBH

Answer 27

- Burstow

Question 28

biological GBH

Answer 28

- Dica

Question 29

GBH s.18 indirect intention

Answer 29

- where the d's aim may not be to cause serious harm, but in carrying out his aim, serious harm is 'virtually certain' - woolin - intention to wound is not sufficient it must be intending to cause really serious harm via wounding (R v Taylor)