Non Fatal Offences Against A Person

Question 1

Actus Reus of Battery and Case

Answer 1

Actus Reus - Application of unlawful force to another person

Case - Collins V Willcock

Question 2

Actus Reus of assault

Answer 2

An act which causes the victim to apprehend the immediate use of unlawful force

Question 3

Mens rea for assault

Answer 3

Intention to cause a victim fear the immediate use of unlawful force

Question 4

Mens rea for battery

Answer 4

To intentionally apply unlawful physical force

Question 5

What is section 47 of the OAPA 1861?

Answer 5

Abh

Question 6

Actus Reus of S.47

Answer 6

There must be assault or battery which caused actual bodily harm

Question 7

What did Miller (1954) state about ABH?

Answer 7

ABH is “any hurt or injury calculated to interfere with health or comfort of the victim.”

Question 8

T V DPP stated what about ABH not just being about skin and bone?

Answer 8

That ABH could include injury to the nervous system and brain such as recognised identifiable psychiatric harm

Question 9

What is ABH specifically?

Answer 9

Bruising
Grazing
And scratching.

Question 10

What did DPP V Smith state that ABH could also be?

Answer 10

Physical pain can also be cutting of the hair (since it interferes with comfort of the victim)

Question 11

Mens Rea of ABH

Answer 11

The mens Rea for common assault is sufficient for S.47 mens rea.

Question 12

Section 20 OAPA 1861 is what?

Answer 12

MALICIOUS wounding/ inflicting grievous bodily harm

Question 13

Actus Reus for s20 GBH

Answer 13

Wounded or inflicted grievous bodily harm

Question 14

The case - EISENHOWER stated what about wounding?

Answer 14

The cut must be the whole of skin, a scratch is not considered a wound.

Question 15

What DPP V SMITH state about GBH?

Answer 15

GBH means really serious harm, it doesn’t necessarily have to be life threatening.