Criminal Law Non Fatal Offences

Question 1

Under S.39 of the Criminsl. Justice Act 1988 what is common assault defined as

Answer 1

An act which causes the victim to apprehend the infliction of immediate unlawful force with either intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused

Question 2

What case affirms the requirement for the D to have acted in a physical way which has caused someone else to apprehend fear

Answer 2

R V Nelson

Question 3

What is the actus reus of assault

Answer 3

An act
Apprehension of force
Immediacy
Unlawful force

Question 4

Threatening actions can amount to an act in assault, what case affirms this

Answer 4

Steven V Myers 1830

Question 5

Words alone can amount to an act, what case affirms this

Answer 5

Read v Coker 1853

Question 6

Written words can amount to an act what case affirms this

Answer 6

R V Constanza

Question 7

Silence can amount to an act, what case affirms this

Answer 7

R V Ireland

Question 8

What two cases affirm apprehension of force because of the D’s actions

Answer 8

R V Logdon- fear of force has been apprehended
R V Lamb- no fear of force

Question 9

With the unlawfulness of force, must the act be unlawful for there to be an offence

Answer 9

Yes, there must be an unlawful act

Question 10

With immediacy of force, the V must apprehend force in that moment, what two cases affirm this

Answer 10

Tuberville V Savage- no immediate fear of force
Smith V Woking PC- immediate threat of force

Question 11

What is the mens rea of assault

Answer 11

Intention or recklessness

Question 12

What is the maximum sentence for a s.30 offence

Answer 12

6 months imprisonment

Question 13

Under s.39 of the Criminal Justice Act 1988 what is the definition of battery

Answer 13

The application of unlawful force to another person intending to either apply unlawful force to another or recklessness as to whether the force is applied

Question 14

What is the actus reus of battery

Answer 14

Application
Unlawful force

Question 15

What is force

Answer 15

Can amount to the slightest of touching

Question 16

What case affirms the touching of clothes as amounting to force

Answer 16

Thomas 1985

Question 17

What other cases affirm touching as force

Answer 17

Wood V Fraser
Collins V Wilcock

Question 18

How does indirect force amount to force

Answer 18

Where the defendant uses force through an indirect act causing force to be applied to the victim, R V Martin

Question 19

What other cases reaffirm indirect force amounting to battery

Answer 19

DPP V K
Haystead (2000)

Question 20

A continuing act can amount for the actus reus of battery what case reaffirms this

Answer 20

Fagan V Meteropolitan Police Commissioner

Question 21

A battery can arise through an omission what case reaffirms this

Answer 21

DPP V Santa Bermudez

Question 22

When is force lawful

Answer 22

Self defence
Correction of a child- must be moderate (A V UK) however under the Children Act 2004 if any injury occurs a battery is committed

Question 23

How can a battery occur without an assault

Answer 23

When the victim is unaware that unlawful force is about to be used on them

Question 24

Under s.47 of the offences against the person act 1861 what is the definition of assault occasioning actual bodily harm

Answer 24

An assualt or battery which causes actual bodily harm to V and D intends or is subjectively reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force

Question 25

What are the actus reus elements of ABH

Answer 25

The actus reus of assault or battery Actual bodily harm

Question 26

Does the D have to touch the V for there to be s.47 committed

Answer 26

No, this can occur in situations where the victim is trying to escape from apprehended force by the defendant and injures himself through doing this The apprehension of force may cause physiatric injury

Question 27

What does ABH have to do in case law

Answer 27

‘Any hurt or injury calculated to interfere with the health or comfort of the victim’ R v Miller ‘More than trivial’Chan-Fook (1994) ‘Injury can include physiatric injury’ R V Burstow ‘Temporary loss of consciousness’ T v DPP (2003)

Question 28

What injury comes within a s.47 offence

Answer 28

Bruises, scratches and grazes Hair cutting DPP v Smith Psychiatric injury R v Burstow

Question 29

What is the mens rea of s.47

Answer 29

Intention to cause fear Subjectively reckless as to whether fear was caused

Question 30

Is mens rea always required in a s.47 offence

Answer 30

No, R v Roberts, confirmed by House of Lords in R v Savage and R v Parmenter

Question 31

What is the definition of s.20 Grievous Bodily Harm of the Offences against the person act

Answer 31

Whosever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person , either with or without a weapon or instrument, shall be guilty of an offence and shall be liable to imprisonment for not more than five years

Question 32

What is the actus reus of a s.20 offence

Answer 32

Wounding or inflicted grievous bodily harm

Question 33

What is the definition of a wound

Answer 33

A cut or break in the continuity of the whole skin, JCC v Eisenhower A BROKEN BONE IS NOT CONSIDERED A WOUND UNLESS THE SKIN IS. BROKEN AS WELL R v Wood A BROKEN BONE IS GRIEVOUS BODILY HARM

Question 34

What does case law define s.20 GBH as

Answer 34

DPP V Smith- gbh is really serious harm, not life threatening though Saunders (1985)- confirmed DPP v Smith R v Bollom- the severity of the injuries should be assessed according to the victims age and health R v Burstow- psychiatric injury can. Amount to GBH R v Dica- transmission of a STD can amount to GBH

Question 35

Originally the word ‘inflict’ was held to mean there had to be a technical assualt and battery, what case changed this

Answer 35

R v Lewis followed R v Burstows decision that inflict does not require a technical assault or battery

Question 36

What is the mens rea for a S.20 offence

Answer 36

The word in the legislation is maliciously, R v Cunnigham confirmed it meant Intention to cause some harm Recklessness as to whether such harm should occur or not (Confirmed by R v Parmenter)

Question 37

What did the House of Lords decide in Parmenter (s.20)

Answer 37

There is no needs for the defendant to forsee the level of injury

Question 38

What is the definition of a S.18 GBH with intense of the Offences Against the Person Act 1861

Answer 38

Whosever shall unlawfully and maliciously by any means whatsoever wound or cause. Any grevious bodily harm to any person with the intent to do some grievous bodily harm to harm any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence

Question 39

What is the actus reus of a s.18 offence

Answer 39

Wounding or causing grievous bodily harm

Question 40

What is the mens rea of a s.18 offence

Answer 40

SPECIFIC INTENT CRIME Intent Do some grevious bodily harm OR Resist or prevent the lawful apprehension or detainer of any person

Question 41

Recklessness is not enough for the mens rea of a s.18 offence, what does cases reaffirm the direct intent

Answer 41

Virtual certainty of a result of the defendants actions- Nedrick V Woolin Foresight of consequence is not intention,it is only evidence in which intention can be inferred from- Moloney (1985)

Question 42

When resisting arrest the level of intention regarding injury is lower, the prosecution must prove that the D had specific intention to resist arrest, as far as the injury they only need to prove that D was reckless as to whether injury is caused, what case affirms this

Answer 42

R v Morrison-prosecution must prove the defendant intended the injury or could forsee it being a result of his reckless actions