Non-Fatal Offences Review Flashcards
What is the key difference between assault and battery?
A) Assault requires physical contact, battery does not.
B) Battery requires physical contact, assault does not.
C) Battery is a statutory offence, assault is a common law offence.
D) Assault can only occur if the victim is injured.
B – Battery requires physical contact, assault does not.
Explanation: Assault occurs when the victim anticipates immediate unlawful violence, while battery involves actual unlawful contact.
Which of the following statements about Section 47 ABH is TRUE?
A) The prosecution must prove the defendant intended to cause ABH.
B) Section 47 only applies if the victim suffers a broken bone.
C) The mens rea required is that of assault or battery.
D) Psychiatric harm cannot amount to ABH.
C – The mens rea required is that of assault or battery.
Explanation: The prosecution does not need to prove intent to cause ABH, only intent or recklessness to commit assault or battery. ABH can include psychiatric harm.
What is required to prove grievous bodily harm (GBH) under Section 20 OAPA 1861?
A) The defendant must intend or be reckless as to causing serious harm.
B) The defendant must intend or be reckless as to causing some harm.
C) The prosecution must prove the defendant intended to wound.
D) A wound must always be present.
B – The defendant must intend or be reckless as to causing some harm.
Explanation: Section 20 does not require intent to cause serious harm, only intent or recklessness as to some harm. A wound is not always required.
Which of the following must be proven for Section 18 GBH?
A) The defendant was reckless as to causing serious harm.
B) The victim suffered permanent injuries.
C) The defendant intended to cause grievous bodily harm.
D) The victim was aware of the attack before it happened.
C – The defendant intended to cause grievous bodily harm.
Explanation: Section 18 is a specific intent offence, meaning recklessness is not enough. The defendant must intend to cause GBH.
Mark raises his fist at Joe and shouts, “I will punch you right now!” Joe steps back in fear, but Mark never actually hits him.
A) Battery
B) Assault
C) Section 47 ABH
D) No offence
B – Assault
Explanation: Mark’s actions cause Joe to apprehend immediate unlawful personal violence, fulfilling the actus reus of assault.
Emma throws a cup at Lisa. The cup smashes, and Lisa suffers deep cuts on her arm, requiring stitches.
A) Assault
B) Battery
C) Section 47 ABH
D) Section 20 GBH
C – Section 47 ABH
Explanation: The injury is more than trivial but not serious enough for GBH. ABH covers cuts requiring stitches.
David punches Tom in the face, breaking his nose and causing substantial blood loss.
A) Battery
B) Section 47 ABH
C) Section 20 GBH
D) Section 18 GBH
C – Section 20 GBH
Explanation: A broken nose and substantial blood loss amount to GBH, and recklessness as to some harm is enough for Section 20.
James stabs Oliver in the leg. At the hospital, doctors give Oliver an allergic reaction to medication, which worsens his condition.
A) Yes, the chain of causation is broken.
B) No, the medical treatment does not break causation.
C) Yes, because Oliver had a pre-existing medical condition.
D) No, because Oliver consented to medical treatment.
B – No, the medical treatment does not break causation.
Explanation: Under Cheshire, medical negligence rarely breaks the chain of causation unless it is completely independent of the original act.
Sarah slaps her friend Mia, leaving a small red mark that disappears within an hour.
A) Battery
B) Section 47 ABH
C) Section 20 GBH
D) Section 18 GBH
A – Battery
Explanation: There is no lasting harm beyond transient discomfort. ABH requires actual bodily harm, which must be more than trivial.
A group of football players get into a fight. Ben punches Alex, knocking him unconscious for a few seconds.
A) Battery
B) Section 47 ABH
C) Section 20 GBH
D) Section 18 GBH
B – Section 47 ABH
Explanation: Temporary loss of consciousness is considered actual bodily harm, making ABH the most appropriate charge.
Max swings a punch at Luke but misses and hits Rachel instead.
A) Max cannot be guilty because he did not intend to hit Rachel.
B) Max is guilty because the intent transfers to Rachel.
C) Max is guilty, but only if Rachel is injured.
D) Max can only be charged with an attempt.
B – Max is guilty because the intent transfers to Rachel.
Explanation: Transferred malice applies when the mens rea for one victim transfers to another if the actus reus is the same type of offence.
Which of the following is an example of oblique intent?
A) Throwing a brick at someone intending to hit them.
B) Pushing someone in a fight and causing minor bruises.
C) Setting fire to a house, knowing someone is inside but not wanting them to die.
D) Hitting someone with a baseball bat and breaking their arm.
C – Setting fire to a house, knowing someone is inside but not wanting them to die.
Explanation: Oblique intent occurs when the consequence is virtually certain and the defendant realises this, even if it was not their primary aim (Woollin).
Liam and Jake are arguing in a pub. Liam picks up a glass and throws it at Jake’s head. Jake manages to duck, and the glass smashes against the wall behind him.
A) Assault
B) Battery
C) Section 47 ABH
D) Attempted Section 20 GBH
D – Attempted Section 20 GBH
Explanation: Although no injury occurred, Liam’s actions show an intent to cause some harm, which meets the mens rea for Section 20 GBH. Since no injury was caused, it is an attempted offence.
Sophia is angry at her friend, Ava. She sneaks up behind her and violently pulls out a large chunk of Ava’s hair. Ava does not suffer any physical injuries but is distressed by the incident.
A) Battery
B) Section 47 ABH
C) Section 20 GBH
D) No offence
B – Section 47 ABH
Explanation: Cutting or pulling hair can constitute actual bodily harm (ABH) because it interferes with bodily integrity. This was confirmed in DPP v Smith (2006).
During a football match, Ethan and Ryan collide. Frustrated, Ethan elbows Ryan in the face, causing his nose to break and significant bleeding.
A) Battery
B) Section 47 ABH
C) Section 20 GBH
D) Section 18 GBH
C – Section 20 GBH
Explanation: A broken nose and significant blood loss amount to grievous bodily harm (GBH). The mens rea for Section 20 requires intent or recklessness as to causing some harm, which Ethan’s deliberate elbow satisfies.
