Non-fatal offences: Cases and definitions

Question 1

What is the Actus Reus for assault?

Answer 1

An act which causes the victim to apprehend immediate unlawful force to the person means threatening to use force.

Question 2

What is the Mens rea for assault?

Answer 2

Intention or recklessness to cause another to apprehend immediate unlawful force to the person means an assault can be committed recklessly or intentionally.

Question 3

R V Ireland (1997)

Answer 3

a silent caller may be guilty of an assault depending on the material facts, it depends on the jury’s decision because she may fear the possibility of the immediate personal violence which forms the AR of the assault.

Question 4

Smith v Chief of woking police station (1983)

Answer 4

yes, she did even though she couldn’t be precise about what she said: “I was terrified of what would happen next”.

Question 5

Logdon v DPP (1976)

Answer 5

no intention of actually physically harming v. The D pointed an imitation gun at a woman in a joke, she was terrified, the D told her it wasn’t real but an assault had already been committed because at that moment she didn’t know.

Question 6

R V Venna

Answer 6

The D indiscriminately kicks out but does not aim at a particular person, however, knowing there is the risk of danger.

Question 7

What is the AR for battery?

Answer 7

Application of unlawful force. This means unwanted touch.

Question 8

What is the MR for the battery?

Answer 8

Intention or recklessness to apply unlawful force. This means the D can be guilty where they intended the “touch” or were reckless.

Question 9

Wilson v Pringle (1986)

Answer 9

Includes the slightest touching but not ordinary jostling of everyday life.

Question 10

Collins V Wilcock (1984)

Answer 10

A battery is the actual infliction of unlawful force on another person “implied consent existed such as a handshake”.

Question 11

Thomas (1985)

Answer 11

Touching the clothes while someone is wearing them is like touching them.

Question 12

Lynsey and savage

Answer 12

Spit forms battery; beer forms battery.

Question 13

DPP V K

Answer 13

Battery can be indirect such as booby trap.

Question 14

What is the AR of section 20 non-fatal offence?

Answer 14

“Unlawfully and maliciously wounding or inflicting GBH on another person”

Question 15

What is the MR of section 20 non-fatal offence?

Answer 15

“The intention to cause or be reckless as to the causing of some harm”

Question 16

What is the AR of section 18 non-fatal offence?

Answer 16

“Unlawfully wound or cause GBH on another person”. (same as the S.20 AR)

Question 17

What is the MR of section 18 non-fatal offence?

Answer 17

“Intent to cause GBH, or intent to resist or prevent the lawful detainer of any person”

Question 18

C V Eisenhower (1984)

Answer 18

Pellets from D’s air gun caused bruising and rupturing of internal blood vessels of V’s eye, but there was no breaking of the skin (AR). There needs to be a break in the continuity of the whole skin for it to be classed as S.20 or S.18.

Question 19

R V Bollom (2004)

Answer 19

The injuries to a 17-month-old baby consisted of various bruises and abrasions (AR). Vulnerable victim of GBH,

Question 20

R V Brown and Stratton (1997)

Answer 20

V sustained a broken nose, lost three teeth, and suffered swelling to her face, lacerations to her eye and concussion (AR). This was multiple ABH which can be really serious harm.

Question 21

R V Savage (1991)

Answer 21

D threw a pint of beer over V in a pub. The glass slipped out of D’s hand and cut V’s wrist (MR). It is sufficient that D intended or could foresee that some harm will result.

Question 22

DPP V Smith

Answer 22

The definition of GBH is severe harm.

Question 23

R V Parmenter (1991)

Answer 23

D injured his 3-month-old baby when throwing him in the air and suffered an injury. Supreme court said “no” as he didn’t foresee this as an injury.