Non-Fatal offences against the person

Question 1

What are the 2 forms of non-fatal crimes against the person?

Answer 1

1. Crimes of Violence

2. Crimes against Autonomy

Question 2

What is the difference between S18 offences (Wounding with intent) and S20 (Malicious Wounding) with regard to MR?

Answer 2

S18 is a crime of specific intent whereas S20 is can be committed either intentionally or recklessly

Question 3

What are the 2 diff elements in S18 Wounding with intent?

Answer 3

Wounding and causing GBH - poss to do one without the other

Question 4

What does wounding require in terms of injury?

Answer 4

Penetration of both layers of the skin

Does not include scratches, grazing, bruising or internal ruptures

Question 5

What did DPP v SMITH (1961) define GBH as?

Answer 5

“Really serious bodily harm or injury”

Question 6

What does GBH include?

Answer 6

SBSKILS:
Serious wounds
Breaking an arm or leg
Savage beatings
Knocking someone unconscious for more than a brief period
Injuries resulting in disfigurement
Loss of blood or req surgery
STDs

Question 7

What is the max sentence for a S18 offence

Answer 7

Life

Question 8

What are the 2 elements of a S20 offence

Answer 8

1. Wounding

2. INFLICTION of GBH (opposed to s18 causing)

Question 9

What is “Malice” in terms of MR for S20 OAPA?

Answer 9

Intention or subjective recklessness.

Question 10

What does an assault occasioning ABH require (s47 OAPA 1961)?

Answer 10

• A Common Assault
• ABH
• A causal connection (occasioning) between assault and harm

Question 11

What are the two forms of common assault?

Answer 11

1. Unconsummated threat of force to another person (Glanville Williams: “psychic assault”)
2. Actual application of unlawful force to the body of another
   (known as battery, assault by beating or “physical assault”

Question 12

How did Swift J describe ABH in DONOVAN (1934)

Answer 12

“Any hurt or injury calculated to interfere with the health or comfort of the V. Such hurt of injury need not be permanent but must… be more than just transient or trifling”

Question 13

What do injuries deemed insufficient for ABH often get charged as?

Answer 13

Common assault

Question 14

What law covers assault with intent to rob?

Answer 14

Theft Act 1968

Question 15

What Law covers assault on Police Officers

Answer 15

Police Act 1996

Question 16

For a psychiatric injury, what is required?

Answer 16

A recognised PSYCHIATRIC ILLNESS is necessary. Does not include just shock, pain or panic (CHAN FOOK 1994)

Question 17

What two separate propositions did IRELAND 1997 provide?

Answer 17

1. A telephone call, even a silent one can constitute common assault
2. If a psychiatric injury is suffered as a result of an assault it can be charged as ABH (and therefore if severe GBH)