Non - Fatal Offences of the Person

Question 1

What offence & legislation does assault & battery come under?

Answer 1

Common Assault & s39. Criminal Justice 1988

Question 2

What is the prison sentence for common assault?

Answer 2

6 months imprisonment or Level 5 (5,000) fine.
2 years imprisoned if racially / religiously aggravated or committed against emergency workers.

Question 3

Define assault

Answer 3

When the defendant intentionally or recklessly commits an act which causes the victim to apprehend immediate & unlawful force.

Question 4

Outline the actus reus for assault

Answer 4

When the defendant commits an act which causes the victim to apprehend immediate & unlawful force.
It’s a positive act, e.g empty threats: Logdon [1976] or omission (failure to act)
The victim must anticipate force, e.g the victim was in close proximity to them.
V must anticipate that force may be used, e.g Ireland [1998] & Tuberville v Savage [1991] and the defendant’s act must be the cause of V’s apprehension.

Question 5

Outline the men’s rea for assault

Answer 5

The defendant intentionally or recklessly causes the victim to apprehend force.
Defendant personally foresaw the possibility that V may apprehend force and took the risk unjustifiably.

Question 6

Define battery

Answer 6

The defendant intentionally or recklessly applies unlawful force to the victim.

Question 7

Outline the actus reus for battery.

Answer 7

The defendant’s application of unlawful force.
Positive act or omission, e.g Santana - Bermudez [2004]
Must go beyond everyday accepted touching, e.g Colins v Wilcock [1984]
Direct, e.g Misalti [2017] or indirect DPP v K [1990]

Question 8

Outline the men’s rea for battery.

Answer 8

The defendant intentionally or recklessly applying force onto the victim.

Question 9

What do the prosecution need to prove regarding the men’s rea of battery?

Answer 9

Subjective recklessness (Cunningham test)

OR

Defendant’s intention to apply unlawful force onto the victim

Question 10

Define assault occasioning assault.

Answer 10

The defendant commits assault or battery which causes actual bodily harm, e.g broken nose, extensive bruising.

Question 11

What legislation does ABH come under?

Answer 11

s.47 of the Offences Against the Person 1861.
Either - way offence

Question 12

What is the prison sentence for assault occasioning ABH?

Answer 12

6 months imprisonment / fine in Magistrates’
5 years imprisonment in Crown Court
7 years imprisonment if racially / religiously aggravated or against emergency workers
Actus reus & mens rea for assault & battery need to be established

Question 13

Outline the actus reus for assault occasioning ABH

Answer 13

Actus reus of assault or battery / causing ABH
An injury calculated to interfere with the health or comfort of the victim, e.g Donovan [1934]
Can be a recognized psychiatric illness, e.g Dhaliwai [2006]
Must be shown there’s an assault or battery, the victim suffered ABH & the ABH was occasioned by the assault or battery of the defendant

Question 14

Outline the men’s rea for assault & battery

Answer 14

Men’s rea for assault & battery
Assault: Intention/recklessness as to causing apprehension of force.
Battery: Intention/recklessness as to applying unlawful force.

Question 15

What legislation does malicious wounding & inflicting GBH came under?

Answer 15

s.20 OAPA Malicious Wounding & Inflicting GBH
s.18 OAPA Wounding & Inflicting GBH w/ Intent

Question 16

What is the prison sentence for malicious wounding & inflicting GBH?

Answer 16

5 years imprisonment in Crown Court
7 years imprisonment if racially / religiously aggravated or against emergency workers
Actus reus & men’s rea for assault & battery need to be established

Question 17

Outline the actus reus & men’s rea for s.20 malicious wounding

Answer 17

Actus reus: defendant caused a wound or GBH
- Positive act or omission
- Wounding - ‘break in both layers of skin, e.g caused by stabbing or shooting
- GBH - ‘really serious harm’, e.g Smith [1960]
- Serious disease, e.g Dica [2004] or Golding [2014]
- Victim’s characteristics considered, e.g Bollom [2004]

Men’s rea: intention or recklessness as to causing some harm, e.g Savage & Parmenter [1991] + Konzani [2005]

Question 18

Outline the actus reus & men’s rea for s.18 wounding or inflicting GBH

Answer 18

Actus reus: D caused a wound or GBH

Men’s rea: D’s intention to cause GBH (or to Prevent lawful arrest)