Non-Fatal Offences Against the Person 2

Question 1

Key Legislation for Assault, Battery and ABH?

Answer 1

Offences Against the Person.

Criminal Justice Act

Question 2

Charge for Common Assault and Battery?

Answer 2

Max 6 months

S39 of CJA 1988

Question 3

Charge for Assault Occasioning Actual Bodily Harm (ABH):

Answer 3

5 Years

s47 of Offences Against the Person Act.

Question 4

Actus Reus for Common Assault:

Answer 4

Causing V to apprehend imminent unlawful force.

Question 5

Words can constitute a common assault:

Answer 5

R v Ireland, how fear was created is immaterial.

Question 6

Words indicating there will be no violence may prevent assault charge:

Answer 6

Tubervine v Savage

Question 7

Mens Rea for Common Assault:

Answer 7

Intention to cause the victim to apprehend imminent unlawful force OR recklessness as to whether such apprehension is caused.
Venna 1975

Question 8

Mens Rea for Battery:

Answer 8

Same as Common Assault.

Question 9

Assault occasioning ABH?

Answer 9

Common assault/ battery which causes victim to suffer ABH

Question 10

Actus reus for ABH:

Answer 10

An injury which is calculated to interfere with health and comfort of V.
Miller

Question 11

Psychiatric injury and ABH:

Answer 11

Must be recognized medical condition. Expert evidence is required.
Burstow

Question 12

What does occasioning mean?

Answer 12

Cause. Prosecution must prove Ds technical assault/ battery caused V to suffer ABH.

Question 13

Test for Causation in ABH:

Answer 13

Proper test is:

Whether the injury was something that could reasonably have been foreseen as a consequence of what D was saying or doing.

Roberts

Question 14

Mens Rea for ABH:

Answer 14

Same as Common Assault

Question 15

Consent and ABH:

Answer 15

Only available to D if he honestly believes V consented, even if they did not.
Jones

Question 16

R v Ireland [1998]

Answer 16

Homeboi in this case made a bunch of silent phone calls smh. Words can constitute a common assault.

Question 17

R v Burstow

Answer 17

This dude also made silent phone calls. Psychiatric impact of such calls can be classified as ABH.

Question 18

R v Venna [1975]

Answer 18

Bunch of ‘yutes’ were causing a disturbance and struggled upon arrest.

After appeal, it was held that that a reckless use of force was sufficient to satisfy the element of mens rea in a criminal assault.

Question 19

R v Spratt [1991]

Answer 19

In every offence against the person, recklessness is to be given the subjective Cunningham meaning.

Question 20

R v Jones

Answer 20

Consent if in the public interest (not in R v Brown sense). Kid got injured in park but appeal was allowed because kid consented to horseplay.