Non-Fatal Offences Pt 1

Question 1

Types we cover

Answer 1

Harassment
Assault
Battery 
Assault Occasioning Actual Bodily Harm
Malicious Wounding or GBH
Wounding/Causing GBH with Intent

Question 2

Assault:

Answer 2

D intentionally or recklessly causes V to apprehend imminent unlawful force

Punishment: Fine and/or 6 months

Question 3

Assault: Actus Reus

Answer 3

D does something that causes V to apprehend imminent force.

R v Ireland: Gestures, words, silence. Need for immediacy
Read v Coker: Conditional threat
Logdon v DPP: doesn’t have to be in fear, just apprehend force

Question 4

Assault: Mens Rea

Answer 4

D intentionally or recklessly causes V to apprehend imminent force.

Subjective recklessness - have to be aware of the risk

Question 5

Battery

Answer 5

The intentional or reckless infliction of unlawful force

Punishment: Fine and/or 6 months

Question 6

Battery: Infliction of force

Answer 6

Collins v Wilcock: everyday contact excluded

Faulkner v Talbot: touching without consent to lawful excuse. Need not be hostile or rude

Question 7

Battery: Actus Reus

Answer 7

R v Lynsey: Actual touching not necessary. Spitting.

R v Ireland: Must be physical force. Psychological injury not permitted.

DPP v K: Can be indirect. Puts acid into hand dryer

DPP v Satnta-Bermudez: Can be omission if it’s a positive act.

Question 8

Battery: Mens Rea

Answer 8

D intentionally or recklessly inflicts force

Question 9

Assault Occasioning ABH

Answer 9

Offences Against the Person Act 1861, section 47

Punishment: 5 years

Question 10

ABH: Actus Reus

Answer 10

R v Ireland: There must be an assault or battery

That assault/battery must have relevant MR and AR

R v Roberts: ‘occasioning’ means causation

DPP v Smith: Any hurt or injury that interferes with health. Comfort no longer enough.

R v Chan-Fook: ABH can include psychiatric injury

Question 11

ABH: Mens Rea

Answer 11

D must have MR from assault/battery

R v Savage: D need not intend or be reckless as to ABH

Question 12

ABH: CPS charging standards

Answer 12

• loss/breakage of teeth
• loss of consciousness
• multiple bruising
• minor non-superficial cuts
• broken nose
• minor fractures
• psychiatric injury

Question 13

Malicious Wounding/ Inflict GBH

Answer 13

Offences Against the Persons Act 1861, section 20

Punishment: 5 years

Question 14

GBH: Actus Reus

Answer 14

D must unlawfully wound to inflict GBH

R v M’Loughlin: Needs to be more than minor cuts. Needs a WOUND

DPP v Smith: “really serious bodily harm”
R v Grundy: bruising all over body could be GBH
R v Brown: Seriousness judged objectively

R v Ireland: Includes serious psychological harm. Inflict means cause.

Question 15

GBH: Mens Rea

Answer 15

D maliciously wounds or inflicts GBH

R v Cunningham: Maliciously means intentionally or recklessly. Only need to foresee SOME harm

Question 16

GBH: CPS Charging Standards

Answer 16

• permanent disability
• visible disfigurement
• broken limbs
• fractured skull, cheek, jaw, ribs
• substantial loss of blood
• substantial psychiatric injury

Question 17

Wounding or Causing GBH with intent

Answer 17

Offences Against the Person Act 1861, s.18

Different from s.20 GBH as have to intend the serious injury.

Punishment: maximum life

Question 18

GBH with intent: Mens Rea

Answer 18

In problem question start with s.18 but may only get s.20 if don’t have the mens rea.

R v Taylor: Need clear intention to cause GBH. Not just too wound.

Question 19

Section 1 Harassment:

Answer 19

Protection from Harassment Act 1997

Section 1: Course of conduct on at least 2 occasions which amounts to harassment and D knows or ought to know amounts to harassment.

Punishment: 6 months

Question 20

s.1 Harassment: Course of Conduct

Answer 20

Lau v DPP: the fewer occasions, and the wider they are spread apart, the less likely it would be to find harassment.

Kelly v DPP: can be phone messages (3 calls in 5 minutes)

R v Hills: No requirement for repeated acts to be similar

Question 21

s.1 Harassment: Conduct amounts to harassment

Answer 21

King v DPP: distinguish between courting someone and harassing someone.

Hayes v Willoughby: “persistent and deliberate course of unreasonable and oppressive conduct… which is calculated to and does cause that person alarm, fear or distress”

Question 22

s. 1 Harassment: Mens Rea

Answer 22

D knows or ought to know

R v Colohan: objective assessment

Question 23

s.1 Harassment: Academic commentary

Answer 23

Gowland: argues we should distinguish between the mad, the bad, and the stalker

Question 24

Section 4 Harassment

Answer 24

Section 4: “pursuing a course of conduct which causes another to fear on at least 2 occasions that violence will be used against them”

Punishment: Now max 10 years under Policing and Crime Act 2017