Non-fatal offences against the person

Question 1

Assault - actus reus

Answer 1

An act which causes the victim to apprehend immediate, unlawful force

Question 2

Assault - mens rea

Answer 2

Intention or recklessness

Question 3

Battery - mens rea

Answer 3

Intention or recklessness

Question 4

Battery - actus reus

Answer 4

Applying unlawful force to another

Question 5

s47 Assault occasioning ABH - actus reus

Answer 5

An assault or battery, which leads to bodily harm which is “more than transient or trifling”

Question 6

s47 Assault occasioning ABH - mens rea

Answer 6

Intention or recklessness about committing an assault or battery (not about causing harm)

Question 7

s20 Assault occasioning GBH - actus reus

Answer 7

An assault or battery which leads to “really serious” harm

Question 8

s20 Assault occasioning GBH - mens rea

Answer 8

Intention or recklessness about causing SOME HARM (not about causing grievous bodily harm)

Question 9

s18 Wounding or causing GBH with intent - actus reus

Answer 9

An act which wounds or causes really serious harm to a person

Question 10

s18 Wounding or causing GBH with intent - mens rea

Answer 10

(1) Intention to cause GBH
(2) Intention to resist arrest

Question 11

Maximum sentence for s18 OAPA offence

Answer 11

Life imprisonment

Question 12

Maximum sentence for common law assault or battery

Answer 12

Six months’ imprisonment and/or fine of £5000

Question 13

Maximum sentence for s47 ABH or s20 GBH

Answer 13

Five years’ imprisonment

Question 14

Case that shows that a battery can be committed by an indirect act

Answer 14

DPP v K (1990) (boy puts acid into hot-air dryer in toilets, leading to another pupil being sprayed with acid - this is applying unlawful force indirectly)

Question 15

Force can be “lawful”, and hence not a battery, when…

Answer 15

(1) It is in self-defence or trying to evade someone
(2) There is consent
(3) It’s an ordinary gesture like shaking hands

Question 16

R v Lamb (1967)

Answer 16

Pointing an unloaded gun at someone who knows it is not loaded cannot be an assault

Question 17

Tuberville v Savage (1669)

Answer 17

Words can prevent an act from being an assault, though it depends on the context

(Here, a man puts his hand on his sword and says “Were it no assize time, I would not take such language from you”)

Question 18

Case that shows cutting someone’s hair off can be actual bodily harm

Answer 18

DPP v Michael Smith (2006)

Question 19

Despite the term ‘grievous “bodily” harm’, it can also include…

Answer 19

… Psychiatric injury, like depression caused by an assault (although it cannot include emotions like panic/stress)

Question 20

Giving someone HIV can count as…

Answer 20

…grievous bodily harm (R v Dica (2004) - D does this through having unprotected sex with V but not telling her he’s HIV-positive)

Question 21

The two types of involuntary manslaughter are…

Answer 21

(1) Unlawful act manslaughter (2) Gross negligence manslaughter

Question 22

Unlawful act manslaughter - requirements (4)

Answer 22

(1) D commits a crime
(2) D has the mens rea for this crime
(3) D’s act is dangerous
(3) D’s act causes someone to die