summary of non fatals

Question 1

What is the level of force used for assault ?

Answer 1

• NO touching
• words
• Gestures
• assult has the a ax senetnce of 6 months , defined in common law , and is a summary offence

Question 2

What level of force is used for battery

Answer 2

Minor force/ harm ie brusies etc

• touching= battery
• six month sentence
• summery offence

Question 3

What is the AR and MR for assault ?

Answer 3

• The apprehension of immediate and unlawful force . there doesnt have to be fear but there needs to be the apprehension
• Immediate force - depends of circumstances ie Smith v walking
• Has to be unlawful force =
• Lawful force is = consent , kiss from loved ones , rugby game , medical emergency

MR

• basic level
• intend to make v apprehend unlawful immediate force
• Reckless in there apprehension of force

Question 4

What is the AR and MR of battery

Answer 4

AR=applying unlawful force to the victim

MR- intend to apply force or reckless to its occurrence

Question 5

What offences are regulated by the offences against the persons act 1861

Answer 5

• S47 -ABH
• s20- GBH
• s18 - GBH

Question 6

What is the level of force needed for ABH

Answer 6

• SOME HARM( health of discomfort of the victim ), includes physical ie broking bone or psychological or biological ie diker
• max 5 years
• triable wither way offence

Question 7

What is the AR and MR of ABH

Answer 7

AR= assault or battery which leads to some harm i.e R V SAVAGE

MR= intention or recklessness

Question 8

What is the level of force needed for s20 GBH

Answer 8

wound-

• Top 2 surfaces of the skin seen in
• indictable
• max 5 years

Question 9

What is the level of force needed for s18

Answer 9

• Inflicting serious harm ie serious bleeding , fr actuated skull.
  Grievous bodily harm
• indictable offence
• max life sentence

Question 10

What is the AR and MR for s18

Answer 10

MR- specific intent - specific intent to that crime and must specifically intend serious harm or wound

Question 11

What is the AR and MR needed for s20

Answer 11

-MR - Intended some harm or reckless to some harm

Question 12

What case defines assualt ?

Answer 12

• Assault is defined in R v Ireland () as where a defendant causes the victim to apprehend immediate unlawful personal violence, either intentionally or recklessly.

Question 12

What case defines assualt ?

Answer 12

• Assault is defined in R v Ireland () as where a defendant causes the victim to apprehend immediate unlawful personal violence, either intentionally or recklessly.

Question 13

What are some cases which shows the AR or assault

Answer 13

• Logdon v DPP( pointing an unloaded gun at someone ) is an assault
• Threat must be immediate- R v Ireland and R v Constanza.
• Words can also negate an assault -Tuberville v Savage

Question 14

What cases show the MR of assault

Answer 14

The mens rea of assault, as defined in the case of R v Savage, and R v Parmenter

• or must have seen the risk that such fear would be created (Cunningham subjective recklessness).

Question 15

What section is battery charged under

Answer 15

Charged under .39 Criminal Justice Act 1988 but defined through common law

Question 16

What are some cases which show the AR of battery

Answer 16

• Collins v Wilcock
• R v Thomas - Any unlawful physical contact can amount to a battery

R v Martin - The application of force does not need to be direct. ,
R v Haystead

• Unlike assault, a battery can be committed by omission, where there is a duty to act. DPP v Santana-Bermudez (2004)
• A battery may be committed through a continuing act.Fagan v Metropolitan Police Commissioner

Question 17

Name a case where the MR is that of battery

Answer 17

• The defendant intends or is reckless as to the application of force, as confirmed in R v Venna

Question 18

What case defined ABH s47

Answer 18

-he definition of what constitutes ABH was clarified in in the case of R v Miller abh includes hurt or injury calculated to interfere with health or comfort of the victim”.

Question 19

What cases show the AR of abh

Answer 19

• DPP v Smith -Cutting someone’s hair was held to be actual bodily harm
• T V DPP- Loss of consciousness, even momentarily was held to be actual bodily harm.

Question 20

Name some cases which show the MR for ABH

Answer 20

• R v Roberts - . He had the mens rea for battery and that was enough.
• R v Savage- she did intend to apply the unlawful force and that was enough for a s.47 conviction.

Question 21

What cases show AR for s20 GBH

Answer 21

Moriarty v Brooks (- he definition of a wound in criminal cases is an injury to the person, by which the skin is broken. If the skin is broken, and there was a bleeding, that is a wound”

Question 22

Name some cases which show the AR for S18

Answer 22

• DPP v Smith -It was held that GBH means “really serious harm”.