non-fatal offences against the person

Question 1

give the hierarchy of offences from most to least serious

Answer 1

S.18 OAPA (GBH with intent)
S.20 OAPA (GBH)
S.47 OAPA (ABH)
S.39 Criminal justice act (assault and battery)

Question 2

assault (recognised definition)

Answer 2

an act which causes the victim to apprehend the infliction of immediate, unlawful force with either intention to cause another to fear immediate unlawful personal violence or recklessness

Question 3

what is the sentence for assault?

Answer 3

prison sentence up to 6 months or £5000 fine

Question 4

what is the actus reus of assault?

Answer 4

• has to be an act (an omission is not sufficient)
• have to apprehend the infliction of immediate unlawful force (rather than ‘fear’ you have to anticipate it)

Question 5

what is the mens rea of assault?

Answer 5

• intention
• subjective recklessness (D must realise there is a risk his acts/words could cause someone to apprehend unlawful personal violence) - R v Venna

Question 6

what are the 3 lawful excuses to use force, and actions which won’t amount to an assault?

Answer 6

• reasonable punishment of a child (S.58 Children Act 2004)
• where V consents
• where D acts in self-defence or prevention of a crime

Question 7

battery
S39 Criminal Justice Act 1988

Answer 7

application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied

Question 8

briefly explain the actus reus and mens rea

Answer 8

actus reus: application of unlawful physical force - physical force doesn’t need to be agressive. or rude, just has to be intentional touching of another without consent.

mens rea: intention to apply an unlawful physical force or recklessness as to whether unlawful force is applied

Question 9

what are the 3 lawful excuses of using Battery?

Answer 9

• reasonable punishment of a child (unlawful if results in injury under childrens act 2004)
• D’s act is self defence or prevention of a crime
• where V consents

Question 10

give the definition of assault occasioning Actual Bodily Harm (ABH) under S.47 offences against the person act 1861

Answer 10

an assault or battery which causes ABH, with the intention to cause the victim to fear unlawful force, or to subject unlawful force, or to be subjectively reckless as to whether the V fears or is subjected to unlawful force.

Question 11

give the actus reus and mens rea of ABH

Answer 11

actus reus: prove there was an assault or battery which causes ABH
mens rea: mens rea for assault or battery, and don’t need to intend to be reckless to any harm

Question 12

give 6 examples of acts which satisfy the charging standards of ABH created by CPS

Answer 12

• loss or breaking of a tooth
• temporary loss of sensory function
• extensive bruising
• minor fractures of bones
• minor cuts requiring medical attention
• a recognised psychiatric disorder (e.g. anxiety or depression)

Question 13

give the definition of malicious wounding, inflicting GBH under S.20 offences against the person act 1861

Answer 13

whosoever shall unlawfully and maliciously wound or inflct any GBH upon any person, either with or without instrument, shall be guilty of an offence and shall be liable

Question 14

what is the sentence for Actual Bodily Harm (ABH) under S.47 offences against the person act 1861?

Answer 14

imprisonment for up to 5 years

Question 15

what is the sentence for GBH under S.20 offences against the person act 1861?

Answer 15

imprisonment for up to 5 years

Question 16

give the actus reus and mens rea for GBH under S.20 offences against the person act 1861

Answer 16

actus reus: wound or inflict any GBH
mens rea: maliciously

Question 17

give 5 examples of acts which satisfy the charging standard for GBH

Answer 17

• injury resulting in permanent disability or loss of sensory function
• injury results in compound fracture or break
• injury leads to substantia loss of blood
• injury leads to lengthy treatment or incapacity
• psychiatric injury

Question 18

give the 2 lawful excuses for GBH under S.20 offences against the person act 1861

Answer 18

• self defence/prevention of crime
• consent

Question 19

what lawful excuse does not exist for S.20 and S.18 offences?

Answer 19

reasonable punishment of a child

Question 20

what is inflicting meaning for GBH?

Answer 20

implies direct assault or battery, as in ABH but wide discretion given

Question 21

give the definition of wounding or causing GBH with intent under s.18 offences against the person act 1861

Answer 21

unlawfully and maliciously by any means whatsover wound or cause any gbh to any person or with intent to resist or prevent the lawful apprehension or detainer of any person

Question 22

give the actus reus and mens rea of wounding or causing GBH with intent

Answer 22

AR: wound or inflict GBH
MR: intent to GBH or intent to resist arrest

Question 23

what is the maximum sentence for wounding or causing GBH with intent?

Answer 23

up to life