week 11, non fatal offences against a person act 1997. Flashcards
question: What is the key difference between “assault” under Section 2 and “assault causing harm” under Section 3 of the Non-Fatal Offences Against the Person Act 1997?
Assault (Section 2): Involves intentionally or recklessly applying force to another person or causing them to believe they are about to be subjected to force.
Assault Causing Harm (Section 3): Requires actual harm (physical or psychological) to be caused to the victim. Harm can include injury to the body or mind, and psychological harm is recognised as a form of harm.
What does the term “force” include under Section 2 of the Non-Fatal Offences Against the Person Act 1997?
Under Section 2(2), “force” includes:
Application of heat, light, electric current, noise, or any other form of energy.
Application of matter in solid, liquid, or gaseous form (e.g., pouring a substance like acid on someone).
Can an assault be committed if no physical contact is made?
Yes, under Section 2(1)(b), an assault can occur if the defendant causes the victim to believe, on reasonable grounds, that they are about to be subjected to force. Physical contact is not required—just the apprehension of immediate force is sufficient.
What is the definition of “serious harm” under Section 4 of the Non-Fatal Offences Against the Person Act 1997?
Serious harm” means injury that:
Creates a substantial risk of death.
Causes serious disfigurement or substantial loss or impairment of the mobility of the body or the function of any bodily member or organ.
It does not include psychological harm.
What is the mens rea required for “reckless endangerment” under Section 13 of the Non-Fatal Offences Against the Person Act 1997?
The mens rea for reckless endangerment is subjective recklessness. The defendant must have intentionally or recklessly engaged in conduct that creates a substantial risk of death or serious harm to another. It does not matter if the defendant did not foresee the specific harm, as long as they were aware of the risk.
What constitutes “harassment” under Section 10 of the Non-Fatal Offences Against the Person Act 1997?
arassment involves persistent acts that:
Seriously interfere with another person’s peace and privacy.
Cause alarm, distress, or harm.
A reasonable person would recognise the actions would have this effect
What is the definition of “stalking” under the Criminal Justice Miscellaneous Provisions Act 2023?
Answer:
Stalking involves conduct that:
intentionally or recklessly causes the victim to fear violence will be used against them or another person.
Causes serious alarm or distress that substantially affects the victim’s usual day-to-day activities.
Includes actions like following, monitoring, impersonating, or disclosing private information about the victim.
What is the penalty for “false imprisonment” under Section 15 of the Non-Fatal Offences Against the Person Act 1997?
A person convicted of false imprisonment may face:
Summary conviction: A fine of up to €1,500 or imprisonment for up to 12 months, or both.
Conviction on indictment: Imprisonment for lif
What is “coercive control” under Section 39 of the Domestic Violence Act 2018?
Coercive control involves persistent behaviour that is:
Controlling or coercive.
Has a serious effect on the relevant person (e.g., fear of violence or serious alarm).
A reasonable person would consider likely to have a serious effect on the victim’s well-being.
What are the possible defences to a charge of assault under Section 2 of the Non-Fatal Offences Against the Person Act 1997?
Answer:
consent: If the victim consents to the action (e.g., in sports or certain medical procedures), it may negate liability for minor assaults.Everyday conduct: Force that is considered acceptable in daily life (e.g., accidental bumping into someone in a crowded place) is excluded.
In what situation can a person be charged with “abduction of a child by a parent” under Section 16 of the Non-Fatal Offences Against the Person Act 1997?
A parent may be charged if they:
Take a child under 16 years of age out of the country or keep them outside the country in defiance of a court order or without the consent of the other parent or guardian (unless they believe the other parent would consent if they knew).
What is the punishment for “abduction of a child by others” under Section 17?
For non-parents who abduct a child:
Summary conviction: Fine of up to €1,500 or imprisonment for up to 12 months, or both.
Conviction on indictment: A fine or imprisonment for up to 7 years, or both.
What is required to prove “assault causing harm” under Section 3 of the Non-Fatal Offences Against the Person Act 1997?
To prove assault causing harm:
Actus Reus: The defendant must have caused harm to the victim (physical or psychological).
Mens Rea: The defendant must have intentionally or recklessly caused the harm.
How is the term “harm” defined under the Non-Fatal Offences Against the Person Act 1997?
“Harm” is defined as any injury to the body or mind, including pain and unconsciousness. It may also include psychological harm, such as stress or anxiety caused by the assault.
What was the significance of R v Brown [1994] 1 AC 212 in relation to assault and consent?
The case clarified that consent cannot be a defence to an assault if the harm caused is severe and the conduct is not socially acceptable (e.g., sadomasochistic activities that cause injury). Consent is only a valid defence if the harm was inflicted for a lawful purpose.
