Non-Fatal Offences Against the Person

Question 1

What act is Assault and Battery charged under?

Answer 1

s.39 Criminal Justice Act 1988

Question 2

What types of offences are Assault and Battery?

Answer 2

Common Law Offences

Question 3

Maximum sentence and fine for Assault?

Answer 3

6 months in prison
£5000 fine

Question 4

Definition of Assault?

Answer 4

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

Question 5

Actus Reus of Assault?

Answer 5

Must be an act which cause the victim to apprehend the infliction of immediate unlawful violence.

Omission is not sufficient

Question 6

Cases for Actus Reus of Assault?

Answer 6

R v Constanza
R v Ireland
R v Lamb
Smith v Superintendent of Working Police Station
Tuberville v Savage
R v Light

Question 7

What is stated in R v Constanza about Assault?

Answer 7

Letters with threat is sufficient

Question 8

What is stated in R v Ireland about Assault?

Answer 8

Silent telephone call is assault

Question 9

What is stated in R v Lamb about Assault?

Answer 9

Pointing an unloaded gun at V who knows it is unloaded is not assault

Question 10

What is stated in Smith v Superintendent of Working Police Station about Assault?

Answer 10

Assault can be through closed windows if it causes fear

Question 11

What is stated in Tuberville v Savage about Assault?

Answer 11

Statement saying D is not going to do anything is not assault

Question 12

What is stated in R v Light about Assault?

Answer 12

Statement made that caused fear is assault

Question 13

Definition of Battery?

Answer 13

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

Question 14

Actus Reus of Battery?

Answer 14

Application of unlawful force to another

Question 15

Cases for Actus Reus of Battery?

Answer 15

Collins v Wilcock
Wood v DPP
Fagan
DPP v K
DPP v Santa-Bermudez

Question 16

What is stated in Collins v Wilcock about Battery?

Answer 16

Any touching may be battery

Question 17

What is stated in Wood v DPP about Battery?

Answer 17

Police officer touching another, battery because he was not being arrested

Question 18

What is stated in DPP v K about Battery?

Answer 18

Indirect act can also be sufficient for actus reus of battery

Question 19

What is stated in DPP v Santa-Bermudez about Battery?

Answer 19

Omission is sufficient to actus reus of battery if a duty is owed

Question 20

Mens Rea of Assault and Battery?

Answer 20

Intention and Recklessness

Question 21

Case for Recklessness in Battery?

Answer 21

DPP v Majewski

Question 22

What year if the Offence Against the Person Act?

Answer 22

1861

Question 23

s.47 Offence Against the Person Act about?

Answer 23

Actual Bodily Harm

Question 24

Maximum prison sentence for s.47?

Answer 24

5 years

Question 25

What type of offence is s.47?

Answer 25

Triable-either-way offence

Question 26

Actus Reus of s.47?

Answer 26

Necessary to prove there was an assault or battery and that is caused actual bodily harm

Question 27

Cases for actus reus of s.47?

Answer 27

R v Miller T v DPP DPP v Smith (Michael)

Question 28

What is stated in R v Miller about s.47?

Answer 28

Actual bodily harm is “any hurt or injury calculated to interfere with the health or comfort of the victim”

Question 29

What is stated in T v DPP about s.47?

Answer 29

Loss of consciousness can be actual bodily harm

Question 30

What is stated in DPP v Smith (Michael) about s.47?

Answer 30

Cutting victims hair can amount to ABH

Question 31

Mens Rea of s.47?

Answer 31

D must intend or be subjectively reckless as to whether the victim fears or is subjected to unlawful force

Question 32

Case for mens rea of s.47?

Answer 32

R v Savage

Question 33

Definition of s.20 OAPA 1861?

Answer 33

Must be proved that D wounded or inflicted grievous bodily harm and did this intending injury to be caused or recklessness as to whether any injury was inflicted

Question 34

Definition of wound?

Answer 34

Cut or break in the whole skin

Question 35

Grievous Bodily Harm mean?

Answer 35

Serious harm

Question 36

What case defines GBH?

Answer 36

DPP v Smith

Question 37

Cases for s.20?

Answer 37

R v Bollom R v Burstow R v Dica Cunningham

Question 38

What does R v Bollom state about s.20?

Answer 38

Age and health can be considered

Question 39

What does R v Burstow state about s.20?

Answer 39

Serious psychiatric injury is sufficient

Question 40

What does R v Dica state about s.20?

Answer 40

Infecting someone with HIV is sufficient

Question 41

Mens Rea of s.20?

Answer 41

An intention to do a particular kind of harm that was in fact done Recklessness as to whether such harm should occur or not

Question 42

Case for mens rea of s.20?

Answer 42

Cunningham

Question 43

Definition of s.18 OAPA 1861?

Answer 43

Grievous Bodily Harm

Question 44

Mens Rea of s.18?

Answer 44

Specific intention to cause grievous bodily harm and specific intention to resist or prevent arrest

Question 45

Cases for s.18?

Answer 45

R v Taylor R v Morrison

Question 46

What does R v Taylor state about s.18?

Answer 46

Wounding is not sufficient for s.18

Question 47

What does R v Morrison state about s.18?

Answer 47

Prosecution must prove that D either intended injury or realised there was a risk of injury and took that risk