Non-fatal offences against a person

Question 1

What case is used for Assault?

Answer 1

IRELAND (1995)

Question 2

What is the actus reus of assault?

Answer 2

Where by an act or words D causes V to apprehend immediate and unlawful force

Question 3

What is meant by ‘apprehend’?

Answer 3

Be aware of

Question 4

What case is used for assault by act or words?

Answer 4

FAGAN v MPC

Question 5

What case is used for D’s words could be verbal, written or typed?

Answer 5

CONSTANZA

Question 6

Does V have to be scared or in danger for assault?

Answer 6

No

Question 7

What is meant by ‘immediate’?

Answer 7

There and then

Question 8

What case is used where there will be no immediate and unlawful force that can prevent a case being an assault?

Answer 8

TUBERVILLE v SAVAGE

Question 9

What case is used for mens rea of Assault?

Answer 9

VENNA (1976)

Question 10

What is the definition of Assault?

Answer 10

D must intentionally or recklessly cause V to apprehend immediate and unlawful force

Question 11

What is the definition of Battery?

Answer 11

D must intentionally or recklessly apply unlawful force to V

Question 12

What case is used for Battery?

Answer 12

COLLINS v WILCOCK

Question 13

What is the actus reus of battery?

Answer 13

Where D’s act or omission applies unlawful force to V

Question 14

What is meant by ‘force’ in battery?

Answer 14

Include the slightest touching but not ‘everyday jostling’

Question 15

Does the unlawful force of battery need to be applied to V?

Answer 15

No , touching his or her clothes may be enough, even if V feels nothing

Question 16

How can battery be committed by omission?

Answer 16

Only if D is under a duty to act: DPP v SANTANA BERMUDEZ

Question 17

What is ABH?

Answer 17

Actual Body Harm

Question 18

What is OAPA?

Answer 18

Offences Against The Person Act 1861

Question 19

What is section 47 of the OAPA 1861?

Answer 19

Offence to commit ‘any assault occasioning actual bodily harm’

Question 20

What is the actus reus of s.47 of OAPA?

Answer 20

• There must be an assault or a battery and this must cause actual bodily harm (ABH)
• No intervening act which breaks chain of causation
• ABH is ‘any hurt or injury calculated to interfere with the health or comfort of V’:MILLER

Question 21

What does the word ‘actual’ mean?

Answer 21

The injury ‘should not be so trivial as to be wholly insignificant’: CHAN-FOOK

Question 22

What are some of the typical injuries covering ABH?

Answer 22

• Extensive bruising
• Scratches
• A broken nose
• Loss or breaking of a tooth
• Minor fractures of bones

Question 23

What is the mens rea of s.47?

Answer 23

Mens rea of an assault or the mens rea of battery

Question 24

What is the Offence under s.20 OAPA 1861?

Answer 24

Under s.20 is an offence to:

• Unlawfully and maliciously inflict GBH and/or
• Unlawfully and maliciously wound

Question 25

What is the actus reus of s.20 OAPA 1861?

Answer 25

Requires D to have inflicted GBH on V or to have a wounded V

Question 26

What does GBH mean?

Answer 26

Really serious harm

Question 27

Examples of GBH:

Answer 27

• Any injury resulting in permanent disability
• Broken bones
• A serious disease
• Take in account V’s age and health can affect GBH

Question 28

What is wounding?

Answer 28

Requires a breaking of the whole skin. Injury must be deep enough to break inner skin

Question 29

What is the mens rea of s.20 OAPA 1861?

Answer 29

Defined by the word ‘maliciously’. Means there must be a recklessness or intention

Question 30

What is the offence under s.18 OAPA 1861?

Answer 30

Under s.18 it is an offence to:

• Wound with the intent to do some GBH and/or
• Cause GBH with the intent to do some GBH

Question 31

What is the actus reus of s.18 OAPA 1861?

Answer 31

Similar to the offence of s.20 and like that offence requires proof to either GBH or wounding

Question 32

What is the mens rea of s.18 OAPA 1861?

Answer 32

D must directly intend to do some GBH or indirectly intend to do some GBH