non fatal offences against the person

Question 1

what are the 5 non fatal offences against a person

Answer 1

assault, battery, abh, s.18 gbh, s.20 gbh

Question 2

describe assault

Answer 2

• least serious non fatal offence
• d will not sustain injury
• there will be no contact between d and v

Question 3

which act of parliament recognises assault

Answer 3

the criminal justice act 1988

Question 4

which case gave the definition of assault

Answer 4

r v venna (the intentional or reckless causing of an apprehension of immediate unlawful violence)

Question 5

what is common assault

Answer 5

battery and assault occurring at the same time

Question 6

which case defined common assault

Answer 6

nelson (to have done something of a physical kind which causes the v to apprehend that they are about to be struck)

Question 7

what is the actus reus for assault

Answer 7

1. any act or words

2. which causes the d to apprehend immediate unlawful violence to be used against them

Question 8

name two key cases for assault

Answer 8

1. constanza ( d wrote 800 love letters, court said this was clear assault)
2. tuberville v savage ‘if i were not assize time, i would not take such language from you’- clear he is not going to do anything so not an assault

Question 9

what is the MR for assault

Answer 9

d must intentionally (r v mohan) or recklessly (r v cunningham) cause d to fear immediate unlawful violence

Question 10

describe sentencing for assault

Answer 10

s39 of criminal justice act 1988 states that assault can be punished my fine, community order or custodial sentence up to 6 months.

Question 11

describe battery

Answer 11

• second least serious non fatal offence
• d will not sustain injury
• must be contact between d and v

Question 12

what act recognises battery

Answer 12

criminal justice act 1988

Question 13

what is the ar for battery

Answer 13

application of unlawful force

• can be direct or indirect contact (touch vs booby trap)
• unlawful = lack of consent, does not include every day jostlings where there is implied consent
• force, no injury, only the slightest degree of force is needed

Question 14

give two cases for battery

Answer 14

• r v thomas, d touched school girls skirt, this was an assault, touching someone’s clothes whilst they were wearing them was equivalent to touching them
• r v fagan, drove over police officers foot, officer was wearing steel capped boots so he didn’t get injured but the car over his foot was an indirect unlawful touch

Question 15

what is the mr for assault

Answer 15

d must intentionally ( mohan ) or recklessly (cunningham) cause the unlawful touch

Question 16

describe sentencing for battery

Answer 16

s39 criminal justice act 1988, fine, community order or prison sentence up to 6 months

Question 17

what is the act for assault/ battery occasioning ABH

Answer 17

s47 offences against the person act 1987 (OAPA1987)

Question 18

which case explained the meaning of abh and what did it say

Answer 18

chan fook

• any minor injury
• no degree of permanency/ easily treatable
• can be physical or psychiatric
• mere emotions such as fear stress or panic dont count

Question 19

give three examples of abh injury

Answer 19

• broken nose
• single broken bone
• black eye

Question 20

give two key cases for abh

Answer 20

• t v ddp, if a v blacks out, even momentarily then that will be abh
• r v ireland, silent phone calls to three women causing them all psychiatric injury

Question 21

what is mr for ABH

Answer 21

the mr for the assault or battery that occasioned it

• assault= intentional or reckless cause of d to apprehend immediate unlawful violence
• battery= intentional or reckless application of unlawful force

Question 22

describe sentencing for abh

Answer 22

s47 OAPA says a fine, community order or custodial sentence up to 5 years

Question 23

what are the two types of gbh

Answer 23

s.20 OAPA, s.18 OAPA

Question 24

what is the AR for both types of gbh, what case told us this

Answer 24

• burstow told us that AR is the same for each offence
  1. wound
  2. GBH

Question 25

what are the two main cases for a wound and what did they tell us

Answer 25

• r v wood, both layers of skin had to be broken

- eisenhower, internal bleeding is not a wound

Question 26

what is the main case for gbh and what are the other key elements about gbh

Answer 26

• saunders told us that gbh is ‘serious harm’
• harm does not have to be life threatening
• can be psychological / physical

Question 27

name two leading cases for gbh

Answer 27

• dica, first case of gbh for the transmission of HIV

- brown and stratton, an accumulation of less severe injuries can amount to a GBH

Question 28

what is the main difference between s.20 and s.18 gbh

Answer 28

MR

• s.20= recklessness/ intent to do some harm can be sufficient
• s.18inention to commit serious harm is always required /intent to resist arrest

Question 29

what is the sentencing for GBH

Answer 29

• s.20= fine, community order, custodial sentence up to 5 years
• s.18= judge has the ability to impose a discretionary life sentence

Question 30

name five criticism of offences against a person

Answer 30

• antiquated language (grevious)
• misunderstood language (assault / battery)
• sentencing anomalies (5 years for both abh and gbh, drastic sentencing difference between s.18 and s.20)
• plea bargaining (often charged with abh when should be s.20 gbh bc sentence is the same to reduce cost and time in the magistrates court)
• sentencing for s.18 and s.20 gbh focuses too much on MR and ignores the fact that victims have equally serious injury.

Question 31

give a suggestion for reform of OAPA

Answer 31

home office report 1998

• labour produced an ‘offences against the person bill’
• new clause 2 would replace old s.20 gbh making the new offences sentence 7 years rather than 5.