Non-Fatal Offences (AO1)

Question 1

What MUST be done before starting the question?

Answer 1

CHECK whether the question is about non-fatal offences in general or purely focusing on Offences Against the Person Act (OAPA) 1861

Question 2

What is the AO1 of NFO split into?

Answer 2

-Intro
-Assault
-Battery
-ABH
-GBH s20
-GBH S18

Question 3

Explain the intro of NFO…

Answer 3

-Define non-fatal offences against the person
-Explain how it covers a wide range of offences
-Areas of law governed by both common law and statute
-MAKE A REFERENCE TO THE QUOTE/WORDING OF THE ACTUAL QUESTION

Question 4

What is each of the 5 NFO ao1s split into?

Answer 4

-Statute / common law
-Actus Reus
-Mens Rea
(Any relevant cases)

Question 5

What is the definition of Non-fatal offence (Used in intro)?

Answer 5

Offences which take the form of an attack directed at another person that do result in injury but not death

Question 6

Explain Assault AO1…

Answer 6

-Defined under common law but charged under S39 Criminal Justice Act 1988
-AR: Causing V to fear immediate unlawful force (words or gestures, not omission)
-MR: Intention or subjective recklessness
(Constanza, Ireland, Tuberville v Savage)

Question 7

Explain Battery AO1…

Answer 7

-Defined under common law but charged under S39 Criminal Justice Act 1988
-AR: application of unlawful force on V (Direct / indirect or through omission)
-MR: intention or subjective recklessness
(Collins v Wilcock, Thomas, Fagan)

Question 8

Explain ABH AO1…

Answer 8

-Defined under S47 Offences against the Person Act 1861
-AR: An assault or battery which causes actual bodily harm = any injury that interferes with health and comfort of V and includes loss of consciousness, hair cutting and psychological harm
-MR: Intention or subjective recklessness - D does not have to intend or foresee the actual bodily harm (MR for assault or battery)
(Miller, T v DPP, Savage)

Question 9

Explain GBH S.20…

Answer 9

-Defined under S20 of the Offences Against the Person Act 1861
-AR: To wound or cause GBH to the V:
Wound - break in continuation of skin
GBH: really serious harm, can be psychological, can be through transmission of serious disease (as seen in Dica)
-MR: intention or subjective recklessness, must intend or foresee some harm but not necessarily serious harm
(Parmenter, DPP v Smith)

Question 10

Explain GBH S.18…

Answer 10

S18 offences against the person act 1861
AR: To wound or cause GBH to the V (same requirements as S20 AR)
MR: intention to cause really serious harm or resist, or intention to prevent a lawful arrest or detention of a person whilst being reckless as to causing some harm to V
(Belfon, Taylor)

Question 11

What was the principle of Constanza?

Answer 11

Words alone can constitute an assault

Question 12

What was the principle of Ireland

Answer 12

Silence can constitute assault if it causes psychiatric injury

Question 13

What was the principle of Tuberville v Savage

Answer 13

Words can negate an assault, as a verbal declaration that he will not be violent will negate proposed threat

Question 14

What was the principle of Collins v Wilcock?

Answer 14

A battery can be simply the touching of another with hostile intent

Question 15

What was the principle of Fagan?

Answer 15

It was a continual act of battery, therefore actus reus and mens rea were present and an assault was committed

Question 16

What was the principle of Miller?

Answer 16

Actus reus can be interpreted to be not only an act, but a failure to act

Question 17

What was the principle of Parmenter?

Answer 17

The mens rea wasn’t sufficient for a S20 GBH, therefore the D was convicted of ABH

Question 18

What was the principle of DPP v Smith?

Answer 18

An objective test was applicable to the mens rea of intent for murder, so the murder conviction was reinstated

Question 19

What was the principle of Belfon?

Answer 19

In order to establish the offence under s.18, it was essential to prove the specific intent

Question 20

What was the principle of Taylor?

Answer 20

An intention to inflict GBH was necessary, an intent to merely wound isn’t sufficient