Non-Fatal Offences Against The Person

Question 1

What are the names of the non-fatal offences?

Answer 1

• Assault, battery (both known as common assault.
• Assault occasioning actual bodily harm.
• Wounding/inflicting GBH.
• GBH with intent.

Question 2

What is assault? Related case?

Answer 2

For an act to constitute assault, there is no touching, only the fear of unlawful force.
Related case- R v Ireland (1997) - even silent phone calls can be regarded as assault.

Question 3

What does ‘apprehend immediate unlawful force’ mean?

Answer 3

The victim needs to think that the threat of force is real and possible. The force must be unlawful.

Question 4

What is battery?

Answer 4

Is the application of unlawful force to another person either through intention or recklessness. (Actually touching them).

Question 5

What is a continuing act?

Answer 5

Although the intention at first was not to hurt the victim, but once D realised what was happening and doesn’t stop it becomes battery.

Question 6

What’s an indirect act?

Answer 6

The defendant causes force to be applied even though he hasn’t directly applied it himself. E.g. setting a booby trap.

Question 7

In what situations does the use of force not mean it is battery?

Answer 7

• If the victim gives genuine consent.
• In use of self-defence.
• Prevention of crime.

Question 8

Describe the mens rea of battery?

Answer 8

Can be either intention to apply force or recklessness. In this situation however, the defendant must understand that his act or omission could cause unlawful force to be applied.

Question 9

Describe assault occasioning bodily harm? (s47)

Answer 9

s47 can be charged where there is any injury. Bruising, grazes and scratches all come within this offence.

Question 10

Case for s47 (ABH)

Answer 10

T v DPP (2003) shows that loss of consciousness could be ABH.

Question 11

Mens rea and actus rea of s47 offences?

Answer 11

-Assault-fear of unlawful violence-no consequence needed-mens rea of causing fear.
-Battery-application of unlawful violence-no consequence needed-MR, intention of doing so.
Assault occasioning..-assault or battery-bodily harm must occur-MR intention to do either.

Question 12

What is grievous bodily harm?

Answer 12

Means really serious harm, which may be physical, psychiatric or by deliberate infection.

Question 13

What is wounding?

Answer 13

Means a cut or break in the skin. A cut is sufficient but internal bleeding where there’s no cut is not sufficient.

Question 14

Describe s20 - malicious wounding/inflicting grievous bodily harm?

Answer 14

• For the offence it must be proved that the defendant wounded or inflicted GBH on V.
• A wound must be an actual cut into internal skin.

Question 15

Mens rea of s20

Answer 15

Intention or recklessness.

Question 16

What case was maliciously defined?

Answer 16

In cunningham (1957) it was held that ‘maliciously’ did not require any ill will towards the person injured.

Question 17

Describe s18 GBH/wounding with intent?

Answer 17

• Carries max sentence of life imprisonment.

- Actus reus = wounding or causing GBH.

Question 18

What is the mens rea of s18?

Answer 18

• Intended to do some GBH.

- resist or prevent the lawful apprehension or detainer of any person.

Question 19

What are the 4 key needs for reform?

Answer 19

1. The 1861 offences against the person act is out of date.
2. There’s inconsistencies between the different offences.
3. No conformity in the correspondence principle.
4. Much of language used is very old-fashioned.