Non fatal offences

Question 1

Fagan 1969

Answer 1

• Intentionally or recklessly causing the V to apprehend immediate unlawful force is the MR for assault and battery

Question 2

Savage and Parmenter 1991

Answer 2

• Approved what was said in Fagan about the MR for assault and battery
• The prosecution have to prove only that D intended or foresaw the risk of SOME physical harmW
• In parmenter the jury could convict under S20 only if S foresaw that some physical harm even though it may be of minor character might result

Question 3

What is the AR of battery?

Answer 3

• application of unlawful force

Question 4

What is Section 47?

Answer 4

• An assault or battery that has caused ABH
• An injury that is more than transient and trifling that has caused injury
• ABH is charged when the max sentence for assault or battery of 6 months is not seen as enough

Question 5

What is the MR of Section 47?

Answer 5

• The same as the assault or battery as D did not need to prove they intended the ABH

Question 6

What is the definition of Section 20?

Answer 6

• Whosoever shall unlawfully and maliciously wound or inflict GBH upon any other person either with or without any weapon or instrument shall be guilty.
• So basically to wound or cause GBH

Question 7

Ireland and Burstow

Answer 7

• Showed there was no difference in the words cause and inflict as they both meant the same thing

Question 8

Moriarty v Brooks 1832

Answer 8

• Defined a wound as the cutting of both layers of skin

- It doesn’t have to be serious, a scratch could count

Question 9

R v Smith 1961

Answer 9

• GBH meant really serious harm
• injury resulting in permanent disability
• Appropriate expert evidence is essential to the prove the extent of the injury

Question 10

Cunningham 1957

Answer 10

• Set out the definition of maliciously ‘intention to do the harm or recklessness to the fact the harm would occur’
• Takes a subjective meaning as in Cunningham he subjectivity did not know what he was doing

Question 11

Mowatt 1968

Answer 11

• The meaning of maliciously as defined in Cunningham was applied
• Showing the subjective element worked

Question 12

What is the definition of Section 18?

Answer 12

• Unlawfully and maliciously would or cause GBH with intent to do GBH with intent to resist or prevent law
• MAX life imprisonment
• Not simply GBH with intent