Offences Against the Person

Question 1

3 AR of Assault

Answer 1

Any conduct causing the result,
V is a person
V apprehends an imminent threat of unlawful force

Question 2

MR of Assault

Answer 2

Requires D to intend or be reckless as to causing the result.
D must intend or foresee the possibility her act will cause V to apprehend imminent unlawful violence

Question 3

3 AR of Battery

Answer 3

Any conduct causing the result
V is a person
Unlawful physical contact with V ( unlawful personal violence)

Question 4

MR of Battery

Answer 4

Requires intention or recklesness as to causing the result
the unlawful force to the body of V
D must perform conduct voluntarily and V is a person

Question 5

AR OAPA s47

Answer 5

D must commit the AR of assault or battery with the additional result that V suffers ABH

Question 6

MR OAPA s47

Answer 6

MR are those relating to base offence of assault (intention or recklessness as to causing V to apprehend imminent violence) or battery (intention or recklessness as to making contact with V)

Question 7

AR OAPA s20

Answer 7

wounding

inflicting GBH

Question 8

MR OAPA s20

Answer 8

‘maliciously’ which means intentionally or recklessly (Cunningham [1957]) and in this context it means intending or foreseeing some harm (Mowatt [1968]) approved in Savage [1992]

Question 9

AR OAPA s18

Answer 9

Unlawfully wound or cause GBH

Question 10

MR OAPA s18

Answer 10

Intent to cause GBH or maliciously + with intent to resist lawful apprehension, etc

Question 11

Protection from Harassment Act s2 AR

Answer 11

course of conduct which results in V, or V and others being harassed

Question 12

Protection from Harassment Act s2 MR

Answer 12

D must have known or ought to have known that her course of conduct would result in harassment.

Question 13

Protection from Harassment Act s4 AR

Answer 13

course of conduct which results in V, or V and others being harassed
D must fear violence will be used against her

Question 14

Protection from Harassment Act s4 MR

Answer 14

D is not required to intend or foresee a possibility that her course of conduct will cause harassment and fear of violence. it is sufficient MR if a reasonable person imbued with any special knowledge D has, would have known that the course of conduct would cause those results

Question 15

S2a/ s4a (Stalking ) AR

Answer 15

D commits an offence under s2 or s4 and D’s course of conduct includes conduct ‘associated with stalking’