Non Fatal Offenses

Question 1

What are non fatal offences

Answer 1

Offences directed at people, not causing death

Question 2

Assault AR

Answer 2

Causing the V to apprehend predicting/think infliction of immediate, unlawful force is going to be used on them

Question 3

Assault MR

Answer 3

Having the intention or recklessness as to the assault

Question 4

Tuberville v savage

Answer 4

Held that this did not amount to an assault as the words indicated that no violence would occur

Question 5

Battery AR

Answer 5

Application of unlawful force to another person

Question 6

Battery MR

Answer 6

Intention or recklessness as to the battery

Question 7

Thomas

Answer 7

Held that touching and rubbing a woman’s skirt is equivalent to touching the person wearing the clothing, and so could amount to battery

Question 8

DPP v K

Answer 8

D was convicted of s.47 ABH. It was held that common assault could be committed by an indirect act

Question 9

GBH AR (S.20)

Answer 9

Inflict GBH

Question 10

GBH (S.20) MR

Answer 10

Intention or reckless as to some harm

Question 11

Wounding AR (S.20)

Answer 11

To wound
Requires both layers of the skin to be broken. Cannot be a scratch or graze.

Question 12

Wounding MR (S.20)

Answer 12

Intention or recklessness as to some harm

Question 13

DPP v Smith

Answer 13

Defines GBH as really serious harm

Question 14

Bollom

Answer 14

Bruising a baby is more severe than bruising an adult

Question 15

Dica (HIV)

Answer 15

‘Bodily’ can now include a deliberate infection or serious disease.
Held: COA ruled that infecting someone with HIV amounted to inflicting GBH and V did not consent as they did not know the true nature of the act.

Question 16

Burstow

Answer 16

‘Bodily’ may now indicate an injury that is physical or psychiatric

Question 17

Eisenhower (eye)

Answer 17

Held: offences of wounding was not committed both layers of the skin was not broken.

Question 18

T v DPP

Answer 18

D kicked the v, who lost consciousness

Held: losing consciousness for a few seconds is still classed as ABH

Question 19

Chan fook

Answer 19

Held: ABH can be physiological harm as long as it is more than mere emotions such as fear or panic

Question 20

Roberts

Answer 20

Held: didn’t think of the possibility of bodily harm

Question 21

Parmenter

Answer 21

Held: D’s conviction for S.20 GBH Wes changed to s.47 ABH

Question 22

S.47 ABH AR

Answer 22

Assault or battery occasioning ABH

Question 23

S.47 ABH MR

Answer 23

Intent or recklessness as to the assault or battery
The D need not foresee the ultimate injury/level of injury (savage)

Question 24

Miller

Answer 24

Defined ABH as any hurt or injury calculated to interfere with the health or comfort of the victim

Question 25

What must you prove for there to be an ABH

Answer 25

Was there an assault or battery?
Did it occasion ABH?
Is there actual bodily harm?

Question 26

GBH (S.18) AR

Answer 26

To Inflict GBH

Question 27

GBH (s.18) MR

Answer 27

Intention to cause really serious harm

Question 28

Wounding (s.18) AR

Answer 28

To wound

Question 29

Wounding (s.18) MR

Answer 29

Intention to cause GBH

Question 30

Reforms (essay)

Answer 30

1) Draft bill 1998
The law commission has criticised it as being a ‘ragbag’ of offences. The he e created it in 1998 which seems more logical and clearer that OAPA 1861
(Check book for examples before exams)
2) Offences Against the person - modernising the law on violence 2015
OAPA to be replaced with modern legislation