Non - Fatals

Question 1

What are the five non fatal offences?

Answer 1

Assault
Battery
ABH
s20 GBH
s18 GBH

Question 2

What section of what Act defines assault?

Answer 2

s39 of the Criminal Justice Act 1988.

Question 3

What is the definition of assault?

Answer 3

D intentionally or recklessly causes V to apprehend immediate & unlawful violence.

Question 4

What category of offence is assault and what is its maximum sentence for a first time offence?

Answer 4

Summary; 6 months.

Question 4

What is the actus reus and mens rea of assault?

Answer 4

AR: apprehend immediate and unlawful violence.
MR: intentionally or recklessly.

Question 5

Give an example of a case that proves words can amount to an assault.

Answer 5

Constanza (1997)
Court of Appeal held that letters could be held as assault.
OR
Ireland (1997)
Silent phone calls can be held as assault (depending on context).

Question 6

When being assaulted, V must apprehend immediate, unlawful violence. Describe one assault case where D was found not guilty due to lack of actus reus.

Answer 6

Lamb (1967)
Pointing an unloaded gun at someone who knows it is unloaded cannot be assault as there can be no apprehension of violence.

Question 7

Name one case where words attempt to negate an assault.

Answer 7

Tuberville (1669)
D told V: ‘if it were not assize time, I would not take such language from you’ - found not guilty, as assize time lasted too long for assault to be immediate
OR
Light (1857)
D told V: ‘were it not for that bloody policeman outside, I would split your head open’ while grabbing his sword - found guilty, as the policeman could have left, fulfilling the threat.

Question 8

What section of which act defines ABH?

Answer 8

s47 Offences Against the Person Act 1861.

Question 9

What category offence is ABH and what is the maximum sentence for a first time offence?

Answer 9

Triable either way; 5 years.

Question 10

What is the technical term for ABH?

Answer 10

Assault occasioning actual bodily harm.

Question 11

What two crimes that if done to a large extent can cause ABH?

Answer 11

Assault and battery.

Question 12

What is actual bodily harm defined as under Miller?

Answer 12

‘any hurt or injury calculated to interfere with the victim’s health or comfort’.

Question 13

Actual bodily harm can be physical; what other ways can ABH apply to a victim and what cases apply to them?

Answer 13

Biological; Dica (2004)
Mental; Ireland (1997)

Question 14

What is the mens rea for ABH, and what case established this?

Answer 14

Only need to prove MR for assault or battery (intentional or recklessness), under Roberts.

Question 15

What act defines s20 GBH?

Answer 15

Offences Against the Person Act 1861.

Question 16

What is the definition of s20 GBH?

Answer 16

D maliciously wounds or inflicts grievous bodily harm.

Question 17

What is the actus reus and mens rea for s20 GBH?

Answer 17

AR: Wounding or inflicting GBH.
MR: Maliciously - d intends or foresees risk of some harm.

Question 18

What category of offence of s20 GBH and what is its maximum sentence?

Answer 18

Indictable; 5 years.

Question 19

What is a wound and what case is this defined by?

Answer 19

A break in the continuity of the skin; Eisenhower (1983).

Question 20

What is grievous bodily harm and what case defines this?

Answer 20

Serious, yet not necessarily life threatening harm; Saunders (1985).

Question 21

Grievous bodily harm can be physical; what other ways can GBH apply to a victim and what cases apply to them?

Answer 21

Biological; Dica (2004)
Mental; Burstow (1997)