Non-Fatal Offences

Question 1

Assault:
Actus Reus:
Mens Rea:

Answer 1

Common Assault
Actus Reus: to put the victim in fear of immediate, unlawful harm.
Mens Rea: to intend or be reckless as to the causing of fear.

Question 2

Assault:

R v Constanza

Answer 2

Words alone will constitute an assault.

Question 3

Assault:

R v Ireland & Burstow

Answer 3

Silence can be an assault.

Question 4

Assault:

Tuberville v Savage

Answer 4

Words can negate an assault.

Question 5

Offence type?

Court?

Answer 5

Summary

Magistrates

Question 6

Assault:
Type of Offence?
Court?

Answer 6

Summary

Magistrates.

Question 7

Battery:
Actus Reus:
Mens Rea:

Answer 7

Common Battery
Actus Reus: apply unlawful force upon another.
Mens Rea: to intend or be reckless as to the application of force.

Question 8

Battery:

R v Thomas:

Answer 8

Clothing counts as battery.

Question 9

Battery:
Type of Offence?
Court?

Answer 9

Summary

Magistrates.

Question 10

Assault Occasioning ABH:
Act:
Actus Reus:
Mens Rea:

Answer 10

Act: s47 Offences Against the Person Act 1861
Actus Reus: same as the original assault or battery plus hurt or injury calculated to interfere with health of comfort
Mens Rea: to intend or be reckless as to the initial assault or battery, there is no need to prove mens rea for full harm caused.

Question 11

ABH:

R v Chan Fook:

Answer 11

ABH includes psychiatric care.

Question 12

ABH:

R v Smith:

Answer 12

ABH includes hair.

Question 13

ABH:
Type of Offence?
Court?

Answer 13

Either-way

Magistrates/Crown

Question 14

Grievous Bodily Harm or Wounding:
Act:
Actus Reus:
Mens Rea:

Answer 14

Act: s20 Offences Against the Person Act 1861
Actus Reus: to cause really serious harm or a wound (breaking the first two layers of skin).
Mens Rea: to intend or be reckless as to the causing of SOME harm.

Question 15

GBH:

R v Brown & Stratton:

Answer 15

Series of relatively minor injuries can amount to GBH.

Question 16

GBH:

R v Bollom:

Answer 16

Age is a factor.

Question 17

GBH:

JCC v Eisenhower:

Answer 17

Victim suffered internal bleeding but no breaking of the skin.

Question 18

GBH:

DPP v A:

Answer 18

Mens rea was not “malicious” - young children playing.

Question 19

GBH:
Type of Offence?
Court?

Answer 19

Either-way

Magistrates/Crown

Question 20

GBH with Intent:
Act:
Actus Reus:
Mens Rea:

Answer 20

Act: s18 Offences Against the Person Act 1861.
Actus Reus: to cause really serious harm or a wound.
Mens Rea: to fully intend the level of harm caused.

Question 21

GBH with Intent:

R v Dica:

Answer 21

Had consensual unprotected sex whilst knowing he was HIV positive.

Question 22

GBH with Intent:
Type of Offence?
Court?

Answer 22

Indictable

Crown