None Fatal Offences

Question 1

None fatal offences

Answer 1

Someone is injured but does not die
Assault
Battery
ABH
Gbh s.20
GBH s.18

Question 2

Assault

Answer 2

Lord Goff in collings v willcock define assault as :
An act which causes the victim to apprehend immediate unlawful force”

Question 3

Assault has 3 Stages

Answer 3

1)an act
2) make the victim apprehend
3) immediate force

Question 4

An act

Answer 4

D must do an act ( r v Ireland)
Words , gestures, silence

Side rule - even written words (constanza)

Question 5

Apprehension

Answer 5

Means that the victim was sufficiently frightened R V LAMB

Side rule even a joke can be an assault if the victim is scared R V LOGDEN

Question 6

Immediate unlawful force

Answer 6

Threat of force should be immediate
(Smith v chief of working police)

Side rule : words may cancel the assault
(Turbville v savage)

Question 7

Mens tea for assault

Answer 7

Intention (Mohan)
Recklessness (Cunningham)
(Venna)

Question 8

Battery

Answer 8

Lord Goff in collins V willcock
Where the D inflicts unlawful force in V

Question 9

Battery ~ 2 stages

Answer 9

1) touching
2) touching must be unlawful

Question 10

Battery lord Goff in collins V willcock said

Answer 10

Touch however slight may amount to battery

Question 11

Battery side rules

Answer 11

1) Touching a person’s clothes whilst they are wearing them is equivalent to touching them ( R v Thomas)

2) indirect touching where the defendant does not physically touch the victim ( R v Martin)

Question 12

ABH definition

Answer 12

Actual bodily harm
Assault that occasions actual bodily harm

Question 13

ABH section & act

Answer 13

S.47 offences against the person act 1861

Question 14

ABH stage 1

Answer 14

D must commit a common assault .
(Assault or battery)

/Explain whichever they committed/

Question 15

Stage 2 ABH

Answer 15

Occasions (causes)
Acts of causation

Vs own actions (Roberts)
Acts of third parties (Pagett)

Thin skull rule (Blaue)

D refusing medical treatment (Holland)

Question 16

Stage 3 ABH

Answer 16

Actual bodily hard
Any hurt or injury calculated to interfere with the health or comfort of the V , but it has to be more than trifling
(Miller)
“The injury shouldn’t be so trivial as to be wholly insignificant” Chan Fook

Question 17

Battery mens rea

Answer 17

Intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on V (Venna)

Question 18

ABH mens rea

Answer 18

Mens rea for assault or batter (Savage)
(Explained)

Question 19

2 types of GBH

Answer 19

S.20 offences against a person act 1861
S.18 offences against a person act 1861

Question 20

S20 GBH definition

Answer 20

“where D wounds or inflicts any GBH upon the v with the intention or recklessness to cause harm”

Question 21

S.20 mens rea

Answer 21

Intention or recklessness to cause SOME injury (MOWATT)

Question 22

S.18 GBH definition

Answer 22

“where the D wounds or causes GBH with the intention to cause GBH or with the intent to resist arrest”

Question 23

S.18 mens rea

Answer 23

Intention to cause GBH or D has intention to resist arrest by GBH and injuries are caused.
(Morrison)

Question 24

Actus reus is the same for both s.20 and s.18

Answer 24

D inflicts or causes : a wound or a GBH injury.
Wound requires both layers of the skin to be broken (dermis and epidermis)
JCC V EISENHOWER

DPP v Smith defines gbh as : nothing more or less than REALLY serious harm, but it does not have to be life threatening

Question 25

Side rule actus reus GBH

Answer 25

Severity of the injury should be assessed according to the victims age, health and any other particular factors
R v BOLLOM

Question 26

Side rule actus reus GBH

Answer 26

If the V has suffered multiple injuries (that are individually not GBH) they can be classed as GBH injuries if they are serious when accumulated