Non- fatal offences

Question 1

What is assault?

Answer 1

Its a summery offence, with the maximum punishment being 6 months imprisonment.

Question 2

Definition of assault?

Answer 2

Guilty of assault if they intentionally or recklessly cause another person to apprehend immediate, unlawful violence/ force.

Question 3

Actus reus of assault?

Answer 3

Causing the victim to fear or believe that there will be an unlawful threat of force against them.

Question 4

What is meant by apprehend/fear?

Answer 4

Cause the victim to believe that they may be struck, apprehend does not require them to fear the violence.

Logdon V DPP-

• Pointed an imitation gun at a women who was terrified, then told her it wasn’t real.
• Guilty as she believed something may happen.

R V Lamb-
-Not guilty as they did not apprehend any violence was about to occur.

Question 5

What is meant by immediate?

Answer 5

Have taken a generous approach to the word immediate

Smith V Superintendent of working police-

• D went up to the window of a woman’s home and looked through the window.
• Conviction of assault upheld as immediate does not mean instantaneous just an immediate threat of what he may do was enough.

Question 6

Whats the rule on words, letters, and silence?

Answer 6

Words can constitute an assault:
- R V Wilson

Words can negate an assault:
- Turbevile V Savage

Letter can amount to an assult:
- R V Constanza

Silence can also be classed as assult:
- R V Ireland (words = assault + psychiatric injury = bodily harm)

Question 7

Mens rea of assault?

Answer 7

Intentionally or recklessly cause another to apprehend immediate unlawful force.

Intention:

• Direct (Mohan)
• Indirect (Woollin + Virtual certainty)

Recklessness:
- Unjustifiable risk + D was aware of the risk (Cunningham)

Question 8

What is battery?

Answer 8

Its a summary offence, with a maximum of 6 months imprisonment, usually follows an assault.

Question 9

Actus reus of battery?

Answer 9

Application of unlawful force against the person.

Question 10

What is meant by application?

Answer 10

Application of battery does not need to be direct (punch) and can also be indirect. Everyday touching has implied consent.

R V Haystead-

• Punched a woman holding her child who then fell to the floor.
• Battery against the child as it can be indirect.

Question 11

Can battery be committed through a continuing act?

Answer 11

Battery can be committed if a person accidentally applies force on another but wrongfully refuses to withdraw it.

Fagen V Metropolitan police commissioner-

• Drove onto policeman foot by accident but then refused to move.
• At the time no mens rea but by refusing to move it was formed as part of a continuing act.

Question 12

Can the touching of clothing amount to a battery?

Answer 12

If they touch clothing without the persons consent then it is equivalent to you touching them.

R V Thomas-
- Touching the hem of a skirt amounted to indecent assault.

Question 13

Mens rea of battery?

Answer 13

Intent or reckless as to whether there was force applied.

Intention:

• Direct (Mohan)
• Indirect (Woollin + Virtual certainty)

Recklessness:
- Unjustifiable risk + D was aware of the risk (Cunningham)

Question 14

What is S.47 ABH?

Answer 14

S.47 of the offences against the person act.

Any hurt or injury calculated to interfere with the health or comfort of the victim.

Question 15

What is the acts reus of ABH?

Answer 15

Any assault or battery which results in actual bodily harm.
E.G. Severe bruising, Broken nose/finger (easily broken)

R V Miler:

• Wife wanted a divorce he raped her charged with rape and assault causing ABH.
• Liable for both as interfered with her comfort.

Question 16

What are examples of things amounting to ABH?

Answer 16

Unconscious for up to 30 mins:
- T V DPP

Cutting of hair:
- DPP V Smith (emotionally upset and distressed - covers minor injuries)

Emotions such as fear and panic DO NOT amount:
- R V Chan Fook (Doesn’t need to be permanent it also cannot be wholly trivial such as emotions)

Question 17

Whats the mens rea of ABH?

Answer 17

Intent or recklessness as to the assault or battery there is no need for the defendant to intend as to whether ABH is caused.

R V Roberts-

• During a lift he started to make sexual advances towards her and refuse to let her out so she jumped out of the car.
• Argued he did not want too cause her any harm.
• Still guilty.

Question 18

Whats the acts reus for S.20 GBH and S.18 GBH?

Answer 18

The defendant wounds or inflicts(S.18)/caused(s.20) grevious bodily harm upon the victim.

R V Barstow:

• 8 Month harassment against a woman, silent + abusive calls. Suffered from severe depression.
• Guilty of S.18 GBH.

Question 19

What is GBH?

Answer 19

Serious harm which could be physical, psychiatric or deliberate infection of a disease.

R V Saunders-

• Approached stranger and punched in the face. Broke his nose and suffered head injuries from fall.
• S.20 GBH as it was serious harm.

DPP V Smith-

• Ended up killing policeman after knocking into oncoming traffic. Tried to say it was GBH as it was never his intention.
• Not GBH as it can only mean really serious injury.

Question 20

When will a disease constitute GBH?

Answer 20

When its an extremely serious or terminal disease.

R V Dica-

• Slept with 2 women without telling them he had HIV.
• Convicted with GBH as it was such a serious disease.

Question 21

How will the vunerability of a person affect whether GBH has been committed?

Answer 21

When a person is considered more vulnerable than an ordinary man it is more likely that GBH will have been committed.

R V Bollom-

• Caused bruising and injury to child of 1.
• Jury are able to consider particular characteristics of victim. Liable.

Question 22

What is the definition of wound?

Answer 22

There must be a break in the continuity of the skin.

• Cut of skin on the cheek = wound
• Internal bleeding but no cut = not a wound

JCC V Eisenhower-

• Shot airgun, victim suffered ruptured blood vessel and bruising and swelling.
• Not guilty of as must break the continuity of the skin.

Question 23

Whats the mens rea for S.20?

Answer 23

Intent or recklessness as to whether some serious harm would occur.
As long as some harm was caused they will be liable regardless of if they had the mens rea.

Question 24

What happened in Parmenter?

Answer 24

Baby suffered injuries due to heavy handling. The dad didn’t know he would cause any injuries.

• Guilty of ABH instead of S.20 GBH due to having no intention and not knowing there was a risk.

Question 25

What happened in R V Mowat?

Answer 25

D confronted by victim over £5, felt threatened so knocked him onto the floor and punched him several times.

• Guilty of S.20 as his actions showed that he intended to cause serious harm.

Question 26

Whats the mens rea for S.18?

Answer 26

Must have intended to cause serious harm. (Specific intent).
Or intent to prevent lawful apprehension of attainment. (resisting arrest)

Direct intent (Mohan) 
Indirect intent + virtual certainty (Woolin)