Non fatal offences

Question 1

Assult definition

Answer 1

Common law offence

Ireland- d intentionally or recklessly causes the victim to apprehend immediate and unlawful violence

S.39 criminal justice act 1988- summary offence- max sentence 6 months imprisonment and/or fine

Question 2

First step of assult

Answer 2

The act

Question 3

The act

Answer 3

Can be actions, words, gestures or silence

Question 4

Act - constanza

Answer 4

Written words alone are enough for an assult

Question 5

Act - ireland

Answer 5

Words are enough for assault

Silence can amount to an assault

Question 6

Second step assault

Answer 6

Apprehend

Question 7

Apprehend

Answer 7

What the victim thought was going to happen

Expectation / anticipation

Question 8

Apprehend - lamb

Answer 8

If v doesn’t apprehend immediate force, assault has not been committed

Question 9

Apprehend - logdon

Answer 9

Doesn’t matter if d made his threat as a joke if the v believed him

Question 10

Apprehend - Tuberville v savage

Answer 10

Words can prevent an assault if they indicate d is not intending to cause harm - v would not be apprehending

Question 11

Third step assualt

Answer 11

Immediate

Question 12

Assault - immediate

Answer 12

V was expecting the violence straight away

Question 13

Immediate - smith v chief superintendent of woking police station

Answer 13

Immediate does not need to be instantaneous but it must be imminent

Question 14

Fourth step assault

Answer 14

UPV

Question 15

Assault - UPV

Answer 15

Is what the victim is apprehending unlawful violence

Must be unlawful due to lack of consent

Question 16

Fifth step assault

Answer 16

Cause

Question 17

Cause steps

Answer 17

Factual causation

Legal causation

Question 18

Sixth step assault

Answer 18

Mens rea

Question 19

Mens rea - assault

Answer 19

Intend or subjectively reckless to cause v to apprehend immediate unlawful violence

Doesn’t actually have to intend to carry out the actual violence

Direct intent
Oblique intent
Subjective recklessness

Question 20

Mens rea - savage

Answer 20

Intention or subjective recklessness to cause the victim to apprehend unlawful and immediate violence

Question 21

Battery definition

Answer 21

Common-law offence

Ireland- intentionally or recklessly applies on your physical force to another

S.39 criminal justice act 1988- summary offence- max sentence 6 months

Question 22

First step battery

Answer 22

Force

Question 23

Force

Answer 23

Force can be slight

Question 24

Force - collins v willcock

Answer 24

Any touching of another person however slight may amount to battery

Question 25

Force - thomas

Answer 25

Touching clothes amounts to battery

Question 26

Second step battery

Answer 26

Unlawful force

Question 27

Unlawful force

Answer 27

Without consent of victim

Question 28

UnLawful force - collins v willcock

Answer 28

Those who move about society have given implied consent to the physical contact of ordinary life if contact exceeds what is held to be acceptable then the force may be unlawful

Question 29

Third step battery

Answer 29

Indirect battery

Question 30

Indirect battery

Answer 30

D causes force to be applied even though he doesn’t touch the victim

Question 31

Indirect battery - DPP V K

Answer 31

battery can be indirect

Question 32

Fourth step battery

Answer 32

Mens rea

Question 33

Battery mens rea

Answer 33

Did D intend or was he subjectively reckless to apply force - Venna

Question 34

S.47 ABH definition

Answer 34

S.47 fences against the Person act 1861 Max sentence of five years imprisonment Either way offence

Question 35

First step ABH

Answer 35

go through battery or assualt

Question 36

Second step ABH

Answer 36

Actus reus - ABH

Question 37

Actus reus ABH

Answer 37

Be some sort of physical or psychiatric injury caused to victim

Question 38

ABH - miller

Answer 38

To fear with the health or comfort of the victim must be more than transient or trifling

Question 39

ABH - chan fook

Answer 39

More than trivial Include psychiatric harm

Question 40

ABH - T v DPP

Answer 40

Temporary unconsciousness can be ABH

Question 41

ABH - DPP v smith

Answer 41

Cutting hair can be ABH

Question 42

Third step ABH

Answer 42

Cause

Question 43

Abh - cause

Answer 43

Did the assult/battery occasion ABH Factual causation Legal causation

Question 44

Fourth step ABH

Answer 44

Mens rea

Question 45

Mens rea- roberts

Answer 45

Only need mens rea for the assault or battery, d doesn’t need to intend any harm

Question 46

S.20 definition

Answer 46

S.20 OAPA 1861 Unlawfully and maliciously wound or inflict any grevious bodily harm upon another person Either way Max sentence- 5 years imprisonment

Question 47

AR wounding

Answer 47

When both layers of the skin are broken causing blood loss

Question 48

Wounding Jcc v eisenhower

Answer 48

wound requires a break in the continuity of the skin

Question 49

AR GBH

Answer 49

Saunders - gbh means serious harm Burstow- serious psychiatric harm could be gbh Bollom - if v vulnerable - effect of more minor injury on the victim can increase to gbh Brown and stratton - if v suffers multiple minor injuries which if taken together amounts to serious harm this will be gbh

Question 50

MR for gbh

Answer 50

Cunningham- maliciously means d must intend or be subjectively reckless Mowatt- only need intent or subjective recklessness for some harm, not serious harm Parmenter- d must foresee that he might cause some harm

Question 51

S.18 OAPO definition

Answer 51

Unlawfully and maliciously wound or cause any grevious bodily harm to any person with intent to do some grevious bodily harm to any person

Question 52

S.18 MR

Answer 52

Need intent only Belfon- essential to prove intent- recklessness insufficient Saunders- intend serious harm

Question 53

Key factors of s.18 MR

Answer 53

Obvious words of intent V being in a vulnerable position Repeated blows Weapon Vulnerable part of body