Non-fatal Offences Summary

Question 1

Name the 5 non-fatal offences

Answer 1

S18 GBH/Wounding
S20 GBH/Wounding
S47 ABH
Battery
Assault

Question 2

S18

Answer 2

GBH/Wounding

Indictable

Most serious NFO

Max sentence: Life

Intent to cause really serious harm

Question 3

S20

Answer 3

GBH/Wounding

Triable Either Way

Max Sentence - 5 years

Intent or recklessness to cause some harm

Question 4

S47

Answer 4

ABH (ACTUAL BODILY HARM)

Triable either way

Max Sentence - 5 years

Intent or recklessness to cause V to apprehend immediate unlawful force/apply unlawful force that leads to ABH

Question 5

Battery

Answer 5

Defined in common law

Summary Offence

Max Sentence - 6 months

[INTENTION OR RECKLESSNESS] Applying unlawful force

Question 6

Assault

Answer 6

Defined in common law

Summary Offence

Max Sentence - 6 months

[INTENTION OR RECKLESSNESS] Causing V to apprehend Immediate Unlawful Force

Question 7

Direct Intention

Answer 7

R v Mohan - D’s decision or aim to bring about the prohibited consequence

Question 8

Recklessness

Answer 8

R v Cunningham - D realises a risk but continues regardless

Question 9

Continuing Act

Answer 9

Fagan v MPC

If D has the actus reus for an act, this can be extended to when the mens rea is present so that the actus reus and mens rea coincide.