2020- Non-fatal Offences Against The Person

Question 1

What is the hierarchy of the non fatal offences against the person ?

Answer 1

Assault or battery- s47 ABH- s20 GBH- s18 GBH

Question 2

What Is an assault

Answer 2

The fear of immediate unlawful physical force

Question 3

What is a battery

Answer 3

For battery there is an actual unlawful force Eg a punch

Question 4

What definition did Rv Nelson provide us with

Answer 4

“What is required for common assault is for the D to have done something of a physical kind which causes someone else to apprehend that they are about to be struck

Question 5

Actus Reus of assault

Answer 5

There must be an act or something which cases victim to think the infliction of immediate force

Question 6

What happened in R v Constanta

Answer 6

The court of appeal held that 800 letters and phone calls classes as an assault

Question 7

R v Ireland

Answer 7

Silent telephone calls could be classed as an assault

Question 8

What was decided on R v Lamb ?

Answer 8

An assault can’t occur if V knows they will come to no harm- pointing an unloaded gun at someone who knows it’s unloaded is not committing an assault

Question 9

What was decided on Smith v Woking police station ?

Answer 9

Fear doesn’t have to be instant buy can be imminent- man stood and looked through victims window

Question 10

Words Indicating no violence can not be an assault is shown in which case ?

Answer 10

Tuberville v Savage- old case “if it wasn’t for assize time “ he could have stabbed her assault not physically possible
Opposite for R v Light- when woman threatened with a sword when police officer was there

Question 11

What is actus Reus of a battery ?

Answer 11

Physical application of force to another person

Question 12

Collins v Wilcock ( battery )

Answer 12

Woman thought to be soliciting prostitution scratches police officer when he grabs her

Question 13

Wood v DPP (battery)

Answer 13

Police grab man who matches description they do not make arrest and therefore had made a battery

Question 14

What case showed that touching Clothes would be a battery

Answer 14

R v Thomas

Question 15

Fagan v MPC (battery)

Answer 15

Man parks on police officers foot, no offence committed until he was made aware of being on officers foot

Question 16

Which case showed that an indirect act causes a battery

Answer 16

DPP v K ( acid in a handrier)

Haystead v constable of Derbyshire ( man punches woman with baby )

Question 17

Can an omission be a battery ?

Answer 17

Yes, in DPP v Santa-Bermudez the d had failed in his statutory duty to not tell the police officer about the needle

Question 18

When is force not unlawful

Answer 18

When it is consented, has an element of self defence and chastisement of a child

Question 19

When can there be a battery with no assault

Answer 19

When victim is struck from behind

Question 20

Men’s rea of battery

Answer 20

“An intention to apply unlawful physical force to another or recklessness as to whether unlawful force to be applied”

Question 21

Key points regarding ABH

Answer 21

Contained under s47 of the OAPA, triable either way and carries a maximum sentence of 5 years

Question 22

What needs to be proven for an ABH to have been committed

Answer 22

An assault or a battery

Question 23

What did T V DPP show us

Answer 23

That loss of consciousness is classed as an assault

Question 24

S47 shows that cuts, bruises and what else fall under ABH

Answer 24

DPP v Smith = cutting of hair without consent ( substantial amounts )

Question 25

Which case demonstrated that ABH covers psychiatric injury ?

Answer 25

R v Chan fook- man accused of stealing engagement ring locked in room and beat up

Question 26

Men’s rea for ABH

Answer 26

Non specifically mentioned but must be either reckless or have intention to cause unlawful force R v Roberts ( woman jumping out of car) and R v Savage ( D throws beer and it cuts woman )

Question 27

What is s20 GBH

Answer 27

Triable either way offence, maximum 5 year sentence ( same as ABH) and must go through 2 layers of skin or really serious harm

Question 28

JJC v Eisenhower shows :

Answer 28

There was no cut so no GBH shotgun pellet had penetrated under surface of eye

Question 29

What did R v wood show

Answer 29

Broken bones are not classed as GBH if skin isn’t broken

Question 30

What Did DPP v Smith show ( 1961)

Answer 30

GBH could be really serious harm eg like in Saunders 1985

Question 31

What happened in R v Burstow

Answer 31

8 year harassment campaign v was made to suffer. Changed law to include psychiatric harm as D ended up with a broken down marriage and severe depression

Question 32

What was significant in R V Dica

Answer 32

D gave two women HIV after not telling them he had it, first time in law that transmission of diseases could be GBH

Question 33

What did R v Bollom take into account

Answer 33

The child’s age affected whether it was GBH or not, because they were 17 months bruising could Amount to a GBH

Question 34

Inflicting GBH :

Answer 34

R v Burstow showed us that GBH doesn’t need an assault or battery but Ds actions only need suffering to come about for the victim

Question 35

Men’s rea of s20 GBH

Answer 35

Must either be that D was reckless in their actions or have done something intentionally, prosecution must prove one of them

Question 36

What is the difference between s18 OAPA and s20

Answer 36

S18 is when the damage is done with intent and S20 is less serious as it can be due to recklessness or intent to cause some harm

Question 37

What is the maximum time someone can do for s18 GBH

Answer 37

Life imprisonment

Question 38

Actus Reus of s18

Answer 38

“Wounding” or “causing ABH” the act must have caused the wound

Question 39

What is the men’s rea of s18

Answer 39

The d must have done some GBH or resisted or prevent the lawful apprehension or detainer of any person

Question 40

What happened in R v Taylor

Answer 40

Photographs shown and medical evidence were unsure to what the depth of the wound was. Judge told jury that the Prosecution had proved that there was an intent to wound, COA changed conviction to s20

Question 41

What happened In R v Morrison

Answer 41

Police officer held D while arresting him. D dived through a window so her face was badly cut by glass. D was proven to have intended and injury or realised there was a great risk to injury and took it anyways

Question 42

What are the 4 main reasons for reforming OAPA

Answer 42

157 years old Inconsistencies in offences Correspondence principle ( d must have intended for the injuries to occur) Old language “maliciously” and “inflict”

Question 43

What did the 1998 draft bill suggest

Answer 43

Replacing the different non fatal offences to clauses starting with most serious first S18 GBH - clause 1

Question 44

What did the 2015 report suggest

Answer 44

Replace s20 and make the men’s rea higher as well as the maximum prison time ( clause 2) Replace s47 to include transmission of infectious diseases as well as including men’s rea

Question 45

The 2015 report suggested adding which 3 types of assault

Answer 45

Aggravated- this would include cuts,grazes and swelling Physical- would cover low level injuries below aggravated Threatened - would cover assault