Non-fatals

Question 1

What are the 4 non fatals, with section number

Answer 1

1) Common Assault and battery s39 CJA
2) Assault Occasioning ABH s47 OAPA
3) Wounding and GBH - s20
4) Wounding and GBH - s18

Question 2

Define Assault;

Type of Offence, max sentence

Answer 2

D intentionally or recklessly causes the victim to apprehend immediate and unlawful violence.
No force need to be applied, V only has to apprehend personal injury.

Summary offences. Max 6 months.

Question 3

Actus Reus of assault;
Define APPREHEND with POL and 2 cases

Answer 3

POL- The victim must be aware that violence will be carried out but does not actually have to fear violence.

LAMB - No apprehension so no offence.
LOGDON- Apprehension so there was an offence.

POL- The apprehension of violence must be against the V themselves not someone else.

Question 4

Actus Reus of Assault
IMMEDIATE

Answer 4

IRELAND- In a minute or two;
(Phone call, text etc)

SMITH - fear of what D might do next was sufficently immediate;
(Face to face)

CONSTANZA - fear of violence at some time not excluding immediate future
(Words alone)

Question 5

Define Unlawful Violence

Answer 5

Not consented to.

Question 6

Men’s REA for assault.

Answer 6

• D must intentionally or recklessly cause V to apprehend immedizate unlawful violence - SAVAGE.
• Direct intent (MOHAN) or recklessly (CUNNINGHAM)?/

Pick one and APPLY.

Question 7

Define Battery;

Type of offence, max sentence.

Answer 7

D intentionally or recklessly applies unlawful physical force to another.

Summary offence. Max 6 months

Question 8

Actus Reus of Battery

Answer 8

POL- The slightest touch without the V’s permission will suffice for a battery - COLE V TURNER.

There is no need for a great force or any injury

OIR.
No harm need to be caused, touching clothes is enough - THOMAS

Question 9

OIR - What classes as a battery?

Answer 9

Force applied indirectly - MARTIN & HAYSTEAD
Throwing liquid is enough - SAVAGE
Omission - DPP V SANTANA

Question 10

Unlawful force BATTERY

Answer 10

No apprehension of fear necessary, just lack of consent to the feared.

Question 11

Men’s Rea of a battery.

Answer 11

D must intentionally or recklessly inflict unlawful force on V - VENNA.
Direct Intent (MOHAN) or reckless (CUNNINGHAM) ?

Pick one and APPLY

OIR- D may be liable under transferred malice - LATIMER

Question 12

Define Assault (or battery) ocassiooning ABH s47

Type of offence, max sentence?

Answer 12

With ABH, there has to be SOME SORT OF PHYSICAL OR PSYCHIATRIC INJURY caused by an assault or battery.

Either way offence. Max sentence 5 years.

Question 13

Actus Reus of ABH (3)

Answer 13

1) ABH caused by assault or battery.
Find it in scenario and give the AR of it.

2) There must be SOME HARM. Definition from CHAN FOOK:
‘Harm not so trivial as to be insignificant’

3) Assault or battery must CAUSE the ABH.
Factual (WHITE) / Legal (KIMSEY)

Question 14

OIR types of ABH (3)

Answer 14

ABH can be caused indirectly - DPP V K

Loss of consciousness - T V DPP

Cutting off V’s hair - DPP V SMITH

Question 15

Men’s Rea of ABH

Answer 15

• D had to intentionally or recklessly commit the assault or battery - SAVAGE
  Direct (MOHAN) or reckless (CUNNINGHAM) ?
  -It is irrelevant that he didn’t want to cause harm

Question 16

Define s20

Type of offence. Max sentence

Answer 16

Unlawfully and maliciously wound or inflict GBH

Either way offence. Max 5 years.

Question 17

S20 Actus Reus

Answer 17

D wounds or inflicts GBH.
- Only define relevant one

Wound - break 2 layers of skin - EISENHOWER
GBH - serious harm - SMITH/SAUNDERS

Question 18

Actus Reus s20 cont… (6)

Answer 18

• Biological GBH accepted - DICA
• GBH can include psychiatric harm - BURSTOW
• Severity of injury assessed based on age - BOLLOM
• GBH can be accumulated from small injuries - R V BROWN
• UNLAWFUL - simple lack of consent to the wounding/GBH

Question 19

Men’s Rea of s20

Answer 19

Maliciously wound or inflict GBH

D either intended or was reckless about inflicting SOME harm - MOWATT.
Direct (MOHAN) or reckless (CUNNINGHAM) ?

Include transferred malice if relevant.

IF THE S2O COULD BE A S18 YOU MUST USE INTENTION

Question 20

Define s18

Type of offence. Max sentencing.

Answer 20

Unlawful and malicious wounding or causing with intent to cause GBH.

Indictable offence. Max sentence is life.

Question 21

Actus Reus of a s18

Answer 21

D wounds or CAUSES GBH.

Question 22

Causation for s18

Answer 22

If possible break in chain do it before MR.

Question 23

Men’s Rea for s18

Answer 23

P have to prove that D directly or had oblique intention to cause V GBH.

Recklessness would not suffice.

Direct (MOHAN) or Oblique (WOOLIN) ?

Question 24

WOOLIN test to establish oblique?

Answer 24

• Was a wound or GBH a virtually certain outcome from D’s act?
• Did D realised that a wound or GBH was a virtual certain outcome from his act?

If yes to both, jury may infer intention.