Non-Fatal Offences Against the Person

Question 1

AR and MR of assault

Answer 1

AR: any act makes victim fear immediate infliction of unlawful force.

MR: Intention, aim purpose, subjective recklessness.

Question 2

AR and MR of Battery

Answer 2

AR: Application of unlawful force. Any unlawful physical contact.

MR: Intention or subjective
recklessness.

Question 3

Define Assualt

Answer 3

Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.

Question 4

Define Battery

Answer 4

Any intentional [or reckless] touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude, or aggressive.

Question 5

ABH s.47 Offences against the person Act 1861

Answer 5

Any assault causing ABH.

Question 6

AR and MR of ABH s.47 Offences against the person Act 1861

Answer 6

Actus reus is assault or battery + ABH (any hurt/injury calculated to interfere with health/comfort).

MR: Intention or subjective
recklessness.

Question 7

Wounding and GBH s.18

Answer 7

unlawfully/maliciously wound or cause gbh to any person, with intent, to do some gbh to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person.

Question 8

AR and MR of Wounding and GBH s.18

Answer 8

AR: Wounding causing gbh. Judges decided that cause and inflict is the same, so the actus reus it too.

MR: Intention to cause gbh or intention to resist arrest

Question 9

Wounding and GBH s.20

Answer 9

Unlawfully/maliciously wounding or inflicting any gbh upon any other person with or without a weapon.

Question 10

AR and MR of Wounding and GBH s.20

Answer 10

AR: Inflicting gbh or wounding. GBH serious harm, wounding is breaking skin.

MR: Intention or recklessness as to if harm is caused.

Question 11

Assault Case: R v Lamb

Answer 11

V did not believe gun would go off; so he did not apprehend immediate unlawful personal violence.

No assault committed

Question 12

Battery Case: DPP v K

Answer 12

Boy put acid in a hand dryer causing injury to the next user.

Battery need not be direct.

Question 13

S.47 ABH Case: R v Roberts

Answer 13

V jumped out of a moving car to escape unwanted sexual advances.

Escape from physical danger does not break COC.
MR is sufficient.

Question 14

Wounding Case: Moriarty v Brookes

Answer 14

V suffered cut to skin under eye after dispute in pub.

if skin is broken and there is bleeding, that is a wound.

Question 15

GBH Case: R v Burstow

Answer 15

D harassed V. V suffered a depressive illness.

Psychiatric Injury.