Non-fatal offences against the person

Question 1

5 NF Offences

Answer 1

Assault battery S.47ABH S20.GBH S18.GBH

Question 2

CPS charging standards

Answer 2

Provide guidance on what injuries constitute what offences

Question 3

Assault

Answer 3

Causing the V to apprehend the infliction of immediate unlawful force

Question 4

Assault cases and explain

Answer 4

Smith v Chief Superintendent Woking-staring at woman in flat
Constanza-letter of threats
Ireland-silent calls

Question 5

Mens rea for assault/battery and punishment

Answer 5

Basic intent crime-intent/reckless Mohan/Cunningham

Summary-6 months 12 reoffender

Question 6

Battery

Answer 6

Application of unlawful force

Question 7

Battery cases and explain

Answer 7

Collins v Wilcock-slighest touch
Thomas-touching clothes
Haystead-indirect battery (pushed woman)
Santana Bermudez-force by omission

Question 8

S47 Assault occasioning actual bodily harm. 3 elements

Answer 8

1. assault or battery-one must be present
2. occasioning-causation
3. ABH

Question 9

Chan Fook

Answer 9

More than trivial but less than serious

Question 10

Miller

Answer 10

Interfere with health or comfort

Question 11

‘Bodily’ Harm and cases

Answer 11

Not trivial/transitory

Can be psychological (Chan Fook), cutting hair (Smith Michael), temporary unconsciousness (T v DPP)

Question 12

Mens rea for ABH

Answer 12

Only needed for initial assault/battery

Question 13

R v Savage

Answer 13

Threw glass of beer over girl. Slipped out and cut woman. Had intention for battery so could be ABH too

Question 14

R v Roberts

Answer 14

Sexual advancements made, jumped out car injuring herself. Guilty for assault occasioning ABH as had mens rea for assault (caused fear/apprehension). Her actions did not break chain of causation as was reasonable

Question 15

S.20 GBH AR

Answer 15

Wound or Infliction of GBH

Question 16

Wounding+case

Answer 16

Break in all layers of skin resulting in blood. Eisenhower-internal injuries are not a wound

Question 17

Infliction of GBH +case

Answer 17

Inflict really serious harm. DPP V Smith/Saundees

Question 18

Bollom

Answer 18

GBH includes ABH type injuries on a vulnerable victim

Question 19

Brown and Stratton

Answer 19

Multiple ABH constitutes GBH

Question 20

Burstow

Answer 20

Psychological harm can be GBH

Question 21

Dica

Answer 21

Gave someone HIV-biological harm

Question 22

Mens rea for S20

Answer 22

Basic intent-reckless or intent

Question 23

Parmenter

Answer 23

If D does not forsee risk of ANY harm, charge with S47 rather than S20 GBH as although hasn’t even had recklessness, offence is serious

Question 24

S18 GBH AR and MR, court and sentence?

Answer 24

AR-wounding or CAUSE GBH (not inflict)

MR-specific intent-needs intent or resist to arrest

Indictable-Crowns Max Life sentence

Question 25

Belfon

Answer 25

Slashed V with razor. Held specific intent was required not just recklessness for S18

Question 26

Morrison

Answer 26

Resisted arrest=S18

Question 27

Sentence for ABH and S20 and court

Answer 27

5 YEARS TEW