Non - Fatal Offences

Question 1

What is Assault?

Answer 1

Assault is a common law offence but the sentence in Criminal Justice Act 1988, s.39 it is a summary offence with a 6 months sentence or £5,000 fine sentence

Question 2

Actus Reus for Assault

Answer 2

• An act:

Question 3

Mens Rea for Assault

Answer 3

Intention or subjective recklessness to cause the Victim to fear the infliction of unlawful force (R v Cunningham)

Question 4

What is Battery?

Answer 4

Similar to battery, Battery is a common law offence. - Punishment is the same.

Question 5

Actus Reus of Battery

Answer 5

Unlawful:
Implied consent to the ordinary jostlings of everyday life (Wilson v Pringle) (s.3 Criminal Law Act 1967)
Force used on arrest is lawful (a.117 PACE)
Application:
Can be indirect (R v Martin; DPP v K)
Can be Omission (DPP v Santana-Bermudez)
Can be continuous act (Fagan v MPC)
Of Force:
Includes any unlawful contact, even by police officer (Collins v Wilcock)
Includes touching clothes (R v Thomas)
No need to be hostile, rude or aggressive (Faulkener v Talbot)

Question 6

Mens Rea of Battery

Answer 6

Intention or subjective recklessness to apply unlawful force (R v Venna)

Question 7

What is ABH? (Actual Bodily Harm)

Answer 7

s.47 Offences against the person Act - 5 years max. Triable Either way offence.

Question 8

Actus reus of ABH

Answer 8

• Assault or Battery (as seen before)
• Causing:
  The rules of causation apply here (Causation paragraph)
• Harm:
  Hurt or injury which interferes with the health and comfort of the victim (R v Miller)
  Broken bones, scratching and swelling.
  Loss of consciousness is ABH, even if its just for short period of time (T v DPP)
  Includes Psychological harm (R v Chan Fook)

Question 9

Mens Rea of ABH

Answer 9

Intention or subjective recklessness towards the assault or battery (no need to intend or foresee harm) –> R v Roberts.

Question 10

What is GBH/Wounding?

Answer 10

GBH is split into two there is s.20 (5 years max) and s.18 (Max life sentence)

Question 11

Actus Reus for GBH s.20

Answer 11

• Wounding:
  Any cut or break in the continuity of the skin.
  Does not include internal bleeding (JCC v Eisenhower)
  Broken collarbone which does not break the skin is not a wound (R v Wood)
• Or inflicting:
  Rules for causation apply here
• Grievous Bodily Harm
  Defined this as ‘really serious harm’ (DPP v Smith)
  Does not need to be life threatening (R v Saunders)
  Multiple ABH injuries can equate to GBH (R v Brown and Stratton)
  Includes STI (R v Dica)

Question 12

Mens Rea for GBH s.20

Answer 12

Intention or subjective recklessness to cause some harm (R v Mowatt)

Question 13

Actus Reus for GBH s.18

Answer 13

SAME AS S.200!!

Question 14

Mens Rea for GBH s.18

Answer 14

Specific intention to cause really serious harm (R v Taylor - intention to wound is not enough) Includes oblique intention (R v Nedrick).