non-fatal offenses

Question 1

assault definition

Answer 1

intentionally or recklessly causing the victim to apprehend (fear) the immediate application of unlawful force

Question 2

assault actus reus

Answer 2

causing the victim to fear immediate force

Question 3

assault mens rea

Answer 3

intentionally or recklessly causing the victim to fear force

Question 4

assault cases

Answer 4

R v Constanza → established there was an assault as there was ‘fear of violence at some time not excluding the immediate future’

Smith v Chief Superintendent of Woking Police Station → victim thought defendant was going to enter house even though he was outside and could not attack, the fear of what he might do was sufficient

Question 5

battery definition

Answer 5

intentionally or recklessly applying unlawful force to the victim

Question 6

battery actus reus

Answer 6

applying unlawful force to the victim

Question 7

battery mens rea

Answer 7

intentionally or recklessly applying force to the victim

Question 8

battery cases

Answer 8

DPP v K → acid was squirted into a boys face whilst using the hand dryer after it was left in there which caused permanent scars; court stated that a common assault could be committed by an indirect act

Collins v Wilcock → the defendant resisted the victims detain and injured the victim, there was not a reason to arrest the defendant so the attempted restraint was battery and she was entitled to free herself

Question 9

ABH S47 definition

Answer 9

whoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable to be kept in penal servitude

Question 10

ABH S47 actus reus

Answer 10

assault occasioning actual bodily harm

Question 11

ABH S47 mens rea

Answer 11

Savage and Parmeter → confirmed the mens rea for ABH is that of either assault or battery, there is no additional mens rea needed for the ABH

Question 12

ABH S47 cases

Answer 12

R v Miller → defined ABH as ‘any hurt or injury designed to interfere with the health or comfort of the victim

Savage and Parmeter → confirmed the mens rea for ABH is that of either assault of battery, there is no addition mens rea needed for the ABH

Question 13

GBH S20 definition

Answer 13

whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanour and being convicted, thereof shall be liable…to be kept in penal servitude

Question 14

GBH S20 actus reus

Answer 14

causing GBH or a wound

Question 15

GBH S2O mens rea

Answer 15

intentionally or recklessly inflicting GBH or a wound

Question 16

GBH S20 cases

Answer 16

Eisenhower → defined a wound as ‘breaking both layers of the skin’

Question 17

GBH S18 definition

Answer 17

whoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension, or detain or any person, shall be guilty of felony, and being convicted thereof shall be liable…to be kept in penal servitude for life

Question 18

GBH S18 actus reus

Answer 18

causing GBH or a wound

Question 19

GBH S18 mens rea

Answer 19

intention to cause some harm albeit not serious or a wound

Question 20

GBH S18 case

Answer 20

R v Saunders → defined GBH as ‘serious harm’