Non fatal Offences

Question 1

Non fatal offences defined under

Answer 1

Non fatal offences against the person act 1961 though the most minor offences of assault and battery are through common law.

Question 2

5 main offences

Answer 2

Assault 
Battery 
ABH s.47 OAPA
Infliction GBH s.20 OAPA
Causing GBH with intent s.18 OAPA

Question 3

Assault sentence is up to

Answer 3

6months imprisonment or fine

Question 4

Assault is defined under

Answer 4

A.39 Criminal Justice Act 1988.

Question 5

Actus reus of Assault

Answer 5

Act which caused the victim to apprehend the immediate application of unlawful force.
E.g raising a fist
Throwing a stone and missing
Making a threat

Question 6

What must the actus reaus of Assault be both (2)

Answer 6

Apprehend

Immediate threat

Question 7

Cases for assault

Answer 7

Smith vs Cheif Superintendabt of Woking police station - D standing in Victims garden at 11pm looking at her getting ready. She was concerned threat was immediate.

R v Ireland - assault through silent phone calls

Question 8

Does force mean violence.

Answer 8

No it can mean any type of touching.

Question 9

What is men’s rea for assault?

Answer 9

Intends to cause victim they will inflict force or is reckless as to if the victim will believe it. Defendant must realise risk there is that the victim is to believe that.

Question 10

What is battery defined under

Answer 10

S.39 criminal justice Act 1988

Question 11

Sentence for battery

Answer 11

Up to 6months or a fine

Question 12

Actus reus of men’s rea

Answer 12

Applies unlawful force to victim e.g hit over back of head.

Question 13

What happened in R v Thomas

Answer 13

Touching of skirt amounted to battery

Question 14

Battery can be applied indirectly case

Answer 14

R v Martin when he locked the doors with iron bar on theatre and turned off lights and shouted fire. Convicted of GBH because the injuries to those in panic.

Question 15

What does the CPS charging standards give examples of battery as:

Answer 15

Grazing 
Scratches 
Abrasions 
Minor bruising 
Swellings 
Reddening my of skin
Black eye

Question 16

What is the men’s rea of battery

Answer 16

Defendant has to intend or is reckless as to application of force.

Question 17

What is ABH under

Answer 17

S.47 Offences against the person act 1861

Question 18

What is the maximum sentence for ABH

Answer 18

5years Max imprisonment as is a triable either way offence.

Question 19

What is the actus reus of ABH

Answer 19

Has to prove the cause of ABH. In miller seen as hurt or the jury calculated to interfere with health or comfort of victim.

Question 20

Cutting someone’s hair can be seen as ABH as shown in

Answer 20

DPP v Smith where there was no consent to cut the hair. (2006)

Question 21

Loss of consciousness even momentarily leads to ABH as shown in

Answer 21

T v DPP 2003

Question 22

What are the CPS charging standards for ABH?

Answer 22

Loss or breaking of teeth
Loss of consciousness 
Extensive or multiple bruising 
Displaced broken nose
Minor fractures minor cuts which may need stitching 
Psychiatricinjury shown in Chan Fook

Question 23

What is men’s rea of ABH

Answer 23

Exactly the same for assault and battery the defendant doesn’t have to indent the risk they just have to be aware of it. E.g R v Roberts when girl jumped out the car. ABH due to the advances he made on her

Question 24

Wounding and Grievous bodily harm under

Answer 24

S20 OAPA 1861

Question 25

Max sentence for GBH

Answer 25

5 years

Question 26

What does wounding mean

Answer 26

The breaking of the surface of the skin. Internal bleeding is not a wound even though may be serious. Wood - broke victims collar bone but couldn’t be convicted of GBH because no skin was broken. Eisenhower - shoot with pellet in eye causing rupture but no breaking of skin.

Question 27

It was held in DPP v Smith that GBH means

Answer 27

Really serious harm

Question 28

Expection for breaking the skin is seen in R v Bollom 2003

Answer 28

Baby’s injuries were so bad despite not breaking the skin taking into account her age and frailty it was GBH.

Question 29

In R v Dicta biological harm was also seen as GBH. What happened in the case.

Answer 29

Unprotected sex knowing he was HIV positive.

Question 30

GBH can also be non application of force for example shown in R v Burstow

Answer 30

Constant harassment which led to depression.

Question 31

CPS charging standards for GBH s20

Answer 31

Injury resulting in permanent disability Resulting in replacement of limbs or bones Compound fractures Causing substantial loss of blood Insurers resulting in lengthy treatment or incapacity Psychiatric injury

Question 32

Men’s rea for S20 GBH

Answer 32

Defendant must intent to cause some harm or be subjectively recklessness e.g aware of risk of some harm.

Question 33

Wounding or causing grievous bodily harm with intent to do GBH under

Answer 33

S18 OAPA 1861

Question 34

Max sentence for GBH with intent

Answer 34

Life imprisonment as an indictable offence

Question 35

What is the actus reus of s18.

Answer 35

Same as s20 but the men’s rea requires the intention to be proven. It is not sufficient for the jury just to use recklessness.

Question 36

Men’s rea for s18

Answer 36

Has to be proven the intention is there to cause serious bodily harm.