PAPER 1: Section B: Non Fatal Offences against the Person [COMPLETE] Flashcards
1) Give the following facts about assault - Act name, type of offence, prison sentence
Criminal Justice Act 1988 s.39 - An assault is a summary offence and is the least serious offence of the CJ act. The maximum sentence is 6 months imprisonment OR £5,000 fine.
2) What’s a common assault?
When an assault and a battery happens at the same time.
3) Define assault.
Criminal Justice Act 1988 s.39 states that ‘an assault is the intentional or reckless causing of an apprehension of immediate unlawful personal violence’.
4) What is the actus reus of assault?
‘apprehension of immediate infliction of unlawful
violence’
- In other words, it’s any act or omission that causes the victim to believe unlawful force is going to be used against them.
- Force doesn’t have to be applied. It can be waving a fist at someone aggressively or aiming a gun.
- Even if the defendant meant his threat to be a joke, an assault can still be committed if the victim apprehends immediate violence.
5) What are THREE relevant cases to the actus reus of assault?
[HINT: replica, window, silence]
R v LOGDON - The victim apprehended immediate physical violence and D was reckless to acknowledge if the V would fear a replica gun.
SMITH v Chief Superintendent of Woking Police Station - V feared apprehended immediate physical violence as D peered through her window every night.
R v IRELAND - Words alone or even silence can count as an assault as D caused V psychiatric injury as she apprehended immediate application of violence via these constant silent phone calls.
6) What is the mens rea of assault?
Intentionally causing the victim to apprehend unlawful and immediate violence OR recklessly causing apprehension.
What is a relevant CASE to the mens rea of assault?
Smith v Woking
8) Give the following facts about battery - Act name, type of offence, prison sentence.
Criminal Justice Act 1988 s.39 - Battery is a summary offence and is the second least serious offence of the CJ act. The maximum sentence is 6 months imprisonment or a £5k fine.
9) Define battery.
Criminal Justice Act 1988 s.39 states that battery is ‘intentionally or recklessly unlawful application of force by the defendant upon the victim’.
10) What is the actus reus of battery?
‘unlawful application of force to another’
- Force can be very slight and touching a person’s clothes may be sufficient.
- Battery is usually when someone slaps someone or throwing a drink at someone.
11) What are THREE relevant cases of the mens rea of battery?
[HINT: clothes, continuing act, indirect]
R v THOMAS - Touching clothes is sufficient for battery.
FAGAN v MPC - Battery is a continuing act and omissions can’t be used.
R v HAYSTEAD - Possible to cause a battery through an indirect force on another source ie an baby in a womb.
12) What is the mens rea of battery?
Intentionally or recklessly applied force on the victim.
13) What’s a relevant CASE to the mens rea of battery? [hint: police]
R v VENNA - Recklessly struggled with the police and caused him harm. He knew him the way he was resisting could harm the police officer.
14) Give the following facts about ABH - Act name, type of offence, prison sentence.
s.47 Offences against the Person Act - ABH is a triable either way act. The maximum sentence is 5 years imprisonment.
Define ABH
Assault or battery occasioning ABH
- Occasioning simply means to cause, so causation.
- Injuries include broken tooth, loss of consciousness,
minor cuts requiring medical treatment (stitches),
minor fractures and extensive bruising.
16) What is the actus reus of ABH?
‘An assault or a battery occasioning actual bodily harm.’
Two ways can it can be satisfied:
- Assault occasioning actual bodily harm
- Battery occasioning actual bodily harm.
17) What are THREE relevant cases to the actus reus of ABH?
R v Roberts - D had the mens rea of battery and occasioned ABH, so this sufficed. Occasioning = causation.
R v Chan-Fook - Psychiatric harm counts as ABH.
R v Smith - This extended the ABH injuries to simple hair cutting as the hair counts as part of the body.
18) What is the mens rea of ABH?
IDENTICAL TO THE MENS REA OF ASSAULT OR BATTERY DEPENDING WHICH ONE OCCASIONED ABH
Assault MR - Intentionally or recklessly making the victim apprehend immediate unlawful violence.
Battery MR - Intentionally or recklessly applying force.
19) What are The TWO relevant CASES for the mens rea of ABH?
[HINT: Megan Thee Stallion, baby]
R v Savage - D intended to cause battery by throwing a drink, sufficient MR for ABH.
R v Paramenter - D wasn’t used to handling babies and didn’t intend to harm the baby. The defendant appreciated the risk and it was not sufficient that he should have foreseen a risk of injury
20) Give the following facts about GBH s.20 - Act name, type of offence, prison sentence.
s.20 of the Offences Against the Person Act - GBH s.20 is a triable either way offence and the maximum prison sentence is 5 years.
21) Define s.20 GBH
Whosoever shall unlawfully and maliciously wound or
inflict any grievous bodily harm on any other person.
22) What is the actus reus of s.20 GBH?
‘Malicious wounding or inflicting grievous bodily harm unlawfully’
- Must be unlawful, meaning the V didn’t consent.
- Must cause a wound.
23) What are THREE cases of the actus reus of GBH s.20/s.18?
JCC vs Eisenhower - Must break all layers of the skin and usually causes blood loss. Internal bleeding and bruising DOES NOT count.
R v Burstow - Court extended the harm to involve serious psychological harm.
Brown v Stratton - Attacked a victim and causes a broken nose, three lost teeth and a concussion. Collective injuries is a GBH s.20.
24) What is the mens rea of s.20 GBH and it’s relevant CASES?
[hint: Megan Thee Stallion, baby]
Intentionally or recklessly causing harm.
R v Savage & R v Paramenter
25) Give the following facts about GBH s.18 - Act name, type of offence, prison sentence.
s.18 Offences Against the Person Act - s.18 GBH is an indictable offence and carries a maximum life imprisonment.
26) What is the actus reus of s.18 GBH?
‘Malicious wounding or inflicting grievous bodily harm unlawfully’
- Must be unlawful, meaning the V didn’t consent.
- Must cause a wound.
remember case law is the same to s.20 (eisenhower, burstow)
27) What is the mens rea of s.18 GBH?
Intention to cause GBH
28) What is a relevant CASE to s.18 GBH mens rea? [hint:razor]
R v BELFON - By slashing V’s face with a razor, D forsaw such harm was likely to happen or they’d be reckless to forsee that harm would occur.
(can also use s.20 case law, savage / paramenter)
