Non Fatal Offences

Question 0

Examples of assault

Answer 0

Constanza- proved words alone can be assault
Smith vs Woking- that the word ‘immediate’ can be taken flexibly
Ireland- silent phone calls
Logdon- threat was meant as a joke, still caused the V fear

Question 1

Actus Reus and Mens Rea of assault

Answer 1

AR- to put another in fear of immediate unlawful violence

MR- intention or subjective recklessness

Question 2

Actus Reus and Mens Rea of battery

Answer 2

AR- to apply unlawful force upon another

MR- intention or subjective recklessness

Question 3

Examples of battery

Answer 3

Fagon- running other a policeman’s foot

DPP v K- acid in the hand dryer which later sprayed on someone (indirect)

Question 4

Sentence for assault and battery

Answer 4

Maximum 6 months

Question 5

Actus Reus and Mens Rea of ABH (s.47)

Answer 5

AR- application of unlawful force (battery) that causes actual bodily harm
MR- intention or subjective recklessness

Question 6

Examples of ABH

Answer 6

Chan Fook- harm must be more than trivial
Miller- anything which interfere with the health and comfort of the victim
Smith- cutting someone’s hair
Ireland- psychological harm

Question 7

Sentence for ABH

Answer 7

Maximum 5 years

Question 8

Actus Reus and Mens Rea of GBH (s.20)

Answer 8

AR- application of unlawful force (battery) which causes GBH or wound
MR- intention or subjective recklessness

Direct intention could lead to being charged with S.18 GBH

Question 9

Examples of GBH

Answer 9

Eisenhower- internal bleeding wasn’t a wound as it didn’t break two layers of skin
Bollam- severe bruising to 17 month old baby because of severity and age of victim
Dica- grievous biological harm
Brown and Stratton- broken nose, lost teeth and concussion combined

Question 12

Sentence for GBH

Answer 12

Maximum 5 years for s20

Maximum life for s18