Non-Fatal Offences Against the Person

Question 1

List OAPA offences from least to most serious

Answer 1

-Assault
-Battery
-Assault occasioning ABH- s.47
-Malicious wounding or inflicting GBH- s.20
-Wounding with intent to cause GBH or causing GBH
with intent- s.18

Question 2

What does common assault mean?

Answer 2

incl. technical assault and battery

Question 3

Is actual harm necessary for s.39 CJA 1988? + relevant case law

Answer 3

s.39- assault; no actual harm necessary- R v Lewis 1970

Question 4

What do the cases of R v Ireland; R v Burstow 1997 tell us about assault?

Answer 4

Assault can be committed by words or letters

Question 5

Does silence amount to assault? + relevant case law

Answer 5

Constanza 1997

Question 6

What is the MR of assault? + case law

Answer 6

R v Venna 1975- intention or recklessness as to causing V to apprehend imminent unlawful violence

Question 7

What is the AR of assault?

Answer 7

causing V to apprehend imminent and unlawful personal violence

Question 8

Contrast the cases of Tuberville v Savage 1669 and Read v Coker 1853 in relation to assault

Answer 8

T v S 1669- you need intention + act
R v C 1853- conditional threats may amount to assault

Question 9

The offence of battery- AR? + case law

Answer 9

Actual infliction of force on another person- Collins v Wilcock 1984

Question 10

MR of battery + case law

Answer 10

intentionally or recklessly inflicting or applying unlawful violence or force upon another person- Fagan v MPC 1969

Question 11

force may not be done by D directly

Answer 11

DPP v K 1990; Haystead 2000; Parmenter

Question 12

the least touching of another may amount to battery

Answer 12

Cole v Turner 1705- injury is not necessary

Question 13

s.47 OAPA 1861

Answer 13

Technical Assault or Battery that has caused Actual Bodily Harm

Question 14

What is AR for Assault occasioning ABH?

Answer 14

commit assault or battery causing V to suffer Actual Bodily Harm

Question 15

What is the MR for s.47 offence? NOTE: no need to show D intended or foresaw ABH

Answer 15

the same as MR for assault/battery

Question 16

What is s.20 OAPA 1861?

Answer 16

Maliciously Wounding or Inflicting Grievous Bodily Harm (GBH)

Question 17

What is the AR of s.20 offence?

Answer 17

unlawfully wounding or inflicting GBH

Question 18

What is the MR of s.20 offence? + case law

Answer 18

intention or recklessness to causing some harm (although not GBH)- Mowatt 1968 Savage and Parmenter 1991

Question 19

What is the test for recklessness?

Answer 19

R v Cunningham; R v G and Another

Question 20

What is meant by GBH? use relevant case law

Answer 20

DPP v Smith 1961- really serious harm
Saunders 1985- serious harm

Question 21

Describe s.18 offence

Answer 21

Wounding or causing GBH with intent

Question 22

What is the AR of s.18? NOTE: causing and inflicting means the same

Answer 22

unlawfully wounding or causing GBH

Question 23

What is the MR of s.18? (contrast with s.20)

Answer 23

intention to cause GBH (for s.20 it is some harm, here is GBH)

Question 24

What is consent a defence to?- general rule + case law

Answer 24

assault or battery offences- Donovan 1934

Question 25

What are the exceptions to the general rule for consent? (regarding s.47/s.20 offence)

Answer 25

AG’s Reference No.6 1981- games and sports/ rough horseplay/ surgery/ tattooing/ dangerous exhibitions

Question 26

The defence of consent regarding transmission of STIs

Answer 26

R v Konzani- uninformed consent is not consent!