Non-Fatal Offences

Question 1

What are the 5 non-fatal offences?

Answer 1

• Assault
• Battery
• Assault occasioning GBH
• Malicious wounding or inflicting GBH s.20
• Wounding or causing GBH with intent s.18

Question 2

What section of what act is assault under?

Answer 2

s.39 Criminal Justice Act 1988

Question 3

AR assault

Answer 3

• Actions or words, even silent phone calls (Ireland 1999). Words can prevent an assault by making clear that violence is not going to be used (Tuberville v Savage 1669)
• Cause V to apprehend immediate unlawful force: V expects violence to take place. Victim must be in fear
• No touching/injury required

Question 4

MR assault

Answer 4

• Intentionally causing V to apprehend immediate force or
• Recklessly causing V to apprehend immediate force

Question 5

Case for MR assault

Answer 5

• Logdon 1976
• Although D did not intent to carry out the threat, he was reckless as to whether V would apprehend such violence

Question 6

What section of what act is battery under?

Answer 6

s.39 Criminal Justice Act 1988

Question 7

AR battery

Answer 7

• Applying unlawful force to another person (unlawful/unwanted touching)
• No injury required
• Touching clothes is also battery (Thomas 1985)
• Omission can form a battery
• Everyday jostling doesn’t count
• Can be committed through an indirect act (DPP v K 1990)

Question 8

MR battery

Answer 8

• Intentionally applying unlawful force to V or
• Recklessly applying unlawful force to V

Question 9

Case for MR battery

Answer 9

• Venna 1976
• Committed battery recklessly when struggling which a police officer trying to arrest him

Question 10

What section of which act is assault occasioning ABH under?

Answer 10

s.47 Offences Against the Person Act 1861

Question 11

AR ABH

Answer 11

• Assault or battery
• Which causes ABH (Miller 1954)
• Requires an injury (can be psychiatric, Ireland 1999)
• Cutting hair amounts to ABH (DPP v Smith 2006)
• Momentary unconsciousness amounts to ABH (T v DPP 2003)

Question 12

MR ABH

Answer 12

• Intentionally or recklessly causing V to apprehend immediate force or
• Intentionally or recklessly applying unlawful force to V
• Only need MR of the assault/battery which causes the ABH

Question 13

Case for MR ABH

Answer 13

• Savage 1991
• Only need MR of the assault/battery

Question 14

What section of which act is maliciously wounding or inflicting GBH under?

Answer 14

s.20 Offences Against the Person Act 1861

Question 15

AR GBH

Answer 15

• Wounding or
• Inflicting GBH
• Wounding: breaking the skin (not internal bleeding/bruising/burn, Eisenhower 1983)
• GBH: defined in DPP v Smith, broken limbs/dislocations/permanent disability
• Covers psychiatric injury (Burstow 1997)

Question 16

MR GBH

Answer 16

• Intentionally causing some harm or
• Recklessly causing some harm

Question 17

Case for MR GBH

Answer 17

• Parmenter 1991
• Not guilty of s.20 as he did not realise there was risk of injury

Question 18

What section of which act is wounding or causing GBH with intent under?

Answer 18

s.18 Offences Against the Person Act 1861

Question 19

AR GBH with intent

Answer 19

• Wounding or
• Causing GBH
• Same as s.20, wounding is breaking two layers of skin and GBH means serious harm

Question 20

MR GBH with intent

Answer 20

• Intention to cause GBH or
• Intention to resist arrest (with foresight of some harm)

Question 21

Case for MR GBH with intent

Answer 21

• Belfon 1976
• Being reckless as to causing serious injury isn’t enough, neither is intent to wound

Question 22

Case for MR GBH with intent, resisting arrest

Answer 22

• Morrison 1989
• Enough that D intended to resist arrest and was reckless as to whether this caused V some injury