Non-fatal offences AO3

Question 1

Assault- statutory definition?

Answer 1

There is no statutory definition which allows for wide interpretation

Question 2

Assault- Definition?

Answer 2

Heavy reliance on case law development for a definition

Question 3

Assault- Apprehension?

Answer 3

The assault depends on the victims apprehension which may seem unfair

Question 4

Assault- new definition?

Answer 4

A new definition could better reflect issues connected to both physical and mental health and the acceptability of indiscriminate ‘touching’

Question 5

Battery- Statutory definition?

Answer 5

There is no statutory definition which could lead to a wide interpretation

Question 6

Battery- application of force?

Answer 6

Requires the merest application of unlawful force to another person i.e. touching - this could be unfair

Question 7

Battery- Indirect?

Answer 7

Battery can be indirect which appears to overstate the definition e.g. setting a trap or blocking a door

Question 8

Battery- complex mens rea?

Answer 8

Establishing the knowledge of a risk of application of force is complicated

Question 9

Battery- Law Commission Report?

Answer 9

Suggests good amendments to the definitions and sentencing to make the law clearer - but not been implemented

Question 10

S.47- Outdated?

Answer 10

The Act was made in 1861 and so can be seen as outdated in its language

Question 11

S.47- No definition of Occasioning?

Answer 11

It is just defined as synonymous with causation

Question 12

S.47- No definition of assault?

Answer 12

it is defined as either a technical assault or battery

Question 13

S.47- ‘bodily’ meaning?

Answer 13

It has been given a wide interpretation which may depart from its original intention e.g. hair attached to the body

Question 14

S.20- Wound?

Answer 14

The question of what constitutes a wound remains complex

Question 15

S.20 & S.18- sentencing?

Answer 15

There is a huge gap between these two sections going from just 5 years to life imprisonment