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SQE Master Set > Criminal: Non-Fatal Offences > Flashcards

Criminal: Non-Fatal Offences Flashcards

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1
Q
A
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2
Q

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

A
  • Wounding or causing grievous bodily harm with intent (s 18 OAPA 1861)
  • Wounding or inflicting grievous bodily harm (s 20 OAPA 1861)
  • Assault occasioning actual bodily harm (s 47 OAPA 1861)
  • Battery
  • Assault
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3
Q

Define assault in the context of non-fatal offences.

A

When the victim anticipates the defendant will use violence against them.

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4
Q

What are the elements of criminal liability for assault?

A
  • Actus reus (AR) - causing the victim to apprehend immediate and unlawful personal violence
  • Mens rea (MR) - intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence
  • Absence of a valid defence
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5
Q

What does ‘apprehension’ mean in the context of assault?

A

To make the victim expect or anticipate immediate and unlawful personal violence.

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6
Q

True or False: Words alone can negate an assault.

A

True

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7
Q

What must the victim believe for the threat of violence to be considered ‘immediate’?

A

The victim must believe that immediate violence will be inflicted upon them.

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8
Q

What does ‘unlawful’ mean in the context of assault?

A

Not done in self-defence or with the victim’s consent.

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9
Q

What is meant by ‘personal violence’ in assault cases?

A

All the victim has to anticipate is an unwanted touch.

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10
Q

In which case was it established that ‘violence’ could include a threat of psychological harm?

A

Ireland

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11
Q

What is the mens rea for assault?

A
  • Intention to cause the victim to apprehend immediate unlawful personal violence
  • Recklessness as to causing the victim to apprehend immediate unlawful personal violence
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12
Q

What is battery defined as?

A

The actual intended use of unlawful force to another person without consent.

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13
Q

What are the elements of criminal liability for battery?

A
  • Actus reus (AR) - application of unlawful force
  • Mens rea (MR) - intentionally or recklessly applies unlawful force
  • Absence of a valid defence
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14
Q

Fill in the blank: A battery can be inflicted _______.

A

[directly, indirectly, by an omission]

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15
Q

What must the application of force in battery be considered?

A

Unlawful

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16
Q

What does ‘force’ include in the context of battery?

A

The merest of touch.

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17
Q

What is the significance of the case Collins v Wilcock?

A

Established that any touching of another person, however slight, may amount to a battery.

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18
Q

True or False: The application of force in battery must be aggressive.

A

False

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19
Q

In which case was it determined that battery can be constituted by an omission?

A

DPP v Santana-Bermudez

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20
Q

What is the mens rea for battery?

A

Intention or recklessness as to applying unlawful force on another person.

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21
Q

What is a basic intent crime?

A

A crime that can be committed intentionally or recklessly.

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22
Q

What is the mens rea for battery?

A

Intention or recklessness as to applying unlawful force on another person

Referenced case: R v Venna

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23
Q

Is battery a basic intent crime?

A

Yes, because it can be committed recklessly

R v Venna established the principle

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24
Q

What does R v Venna state about mens rea in battery?

A

It is satisfied by proof that the defendant intentionally or recklessly applied force to another person

James LJ’s statement in R v Venna [1976] QB 421 (CA)

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25
What is the actus reus of assault?
Causing the victim to apprehend immediate and unlawful personal violence ## Footnote Defined in Fagan v MPC
26
What is the mens rea for assault?
Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal violence
27
Give examples of assault.
* Threats of violence only * Victim anticipates violence but there is no actual touching * Some words or physical movement (e.g. raising a fist) * Silence in some circumstances
28
What is the actus reus of battery?
Applying unlawful force to another
29
What is the mens rea for battery?
Intention or recklessness as to applying unlawful force to another
30
Give examples of battery.
* Mere touch * An unwanted kiss * A slap
31
Fill in the blank: The element of mens rea in the offence of battery is satisfied by proof that the defendant intentionally or recklessly _______.
applied force to the person of another
32
True or False: Assault requires actual physical contact.
False
33
True or False: A mere touch can constitute battery.
True
34
What is the hierarchy of non-fatal offences against the person as per the Offences Against the Person Act 1861?
* Wounding or grievous bodily harm with intent (s 18) * Wounding or grievous bodily harm (s 20) * Assault occasioning actual bodily harm (s 47) * Battery * Assault
35
What is the maximum imprisonment term for assault occasioning actual bodily harm under s 47 OAPA 1861?
Not exceeding five years
36
What does the actus reus for assault occasioning actual bodily harm include?
* Assault or battery * Occasioning actual bodily harm
37
What does the mens rea for assault occasioning actual bodily harm require?
* Intent or recklessness as to: * Causing the victim to apprehend immediate and unlawful personal violence * Applying unlawful force upon another
38
In the context of assault, what is meant by 'assault'?
An assault is either an assault or battery as interpreted in DPP v Little and R v Ireland; Burstow
39
What is the actus reus for common law assault?
Causing the victim to apprehend immediate and unlawful personal violence
40
What examples can constitute assault?
* Threats of violence only * Victim anticipates violence without actual touching * Physical movement towards the victim (e.g., raising a fist) * Silence in certain circumstances
41
What is the actus reus for battery?
Applying unlawful force to another
42
What examples can constitute battery?
* Mere touch * An unwanted kiss * A slap
43
What must the assault or battery 'occasion' to be charged with assault occasioning actual bodily harm?
Actual bodily harm
44
What is the general rule regarding criminal liability for omissions?
A defendant cannot be criminally liable for a failure to act
45
What circumstances can create a legal duty to act?
* Statutory duty * Special relationship * Voluntary assumption of a duty of care * Contractual duty * Creating a dangerous situation * Public office
46
What is the definition of actual bodily harm according to R v Donovan?
Any hurt or injury calculated to interfere with the health or comfort of the victim
47
What does the term 'grievous bodily harm' mean?
'Really serious harm'
48
What must be proven for factual causation?
'But for' the acts or omissions of the accused, the relevant consequence would not have occurred
49
What is the legal causation standard?
The defendant must be the ‘operating and substantial’ cause of the prohibited consequence
50
In R v Santana-Bermudez, how was assault occasioning actual bodily harm established through omission?
The respondent created a danger by misleading the officer about the contents of his pockets
51
What does the mens rea for actual bodily harm under s 47 OAPA 1861 require?
No mens rea is required for the actual bodily harm; only for the assault or battery
52
What are the two offences created by s 20 OAPA 1861?
* Malicious wounding * Maliciously inflicting grievous bodily harm
53
What constitutes a wound under the OAPA 1861?
A break in the continuity of both layers of the skin
54
In R v Burstow, what was significant about the conviction for inflicting grievous bodily harm?
Inflicting grievous bodily harm did not require an assault to be committed first
55
What is the mens rea requirement for malicious wounding or inflicting grievous bodily harm?
D must intend or be reckless as to the causing of some harm
56
What does s 18 OAPA 1861 prohibit?
Unlawfully and maliciously wounding or causing grievous bodily harm with intent
57
What is the actus reus for wounding under s 18 OAPA 1861?
* Wound * Causing grievous bodily harm
58
What is required for a break in the skin under the OAPA 1861?
Both the dermis and epidermis must be broken
59
What case established that any breaking of the skin suffices?
C (a minor) v Eisenhower
60
How does the term 'cause' differ from 'inflict' under the OAPA 1861?
'Cause' is wider than 'inflict'
61
What is the significance of the case of Wilson regarding causation?
There appears to be little significance in the use of different words under OAPA 1861, ss 20 and 18
62
What does grievous bodily harm mean under the OAPA 1861?
It bears the same meaning as under OAPA 1861, s 20, which is serious harm
63
What distinguishes the mens rea between OAPA 1861, ss 18 and 20?
The key distinguishing feature is the intention to cause grievous bodily harm
64
What is sufficient mens rea for OAPA 1861, s 20?
Intend or foresee some harm, however slight
65
What must the defendant intend under OAPA 1861, s 18?
To cause harm that amounts in law to grievous bodily harm
66
Is recklessness sufficient for OAPA 1861, s 18?
No, recklessness is not enough
67
What is the mens rea when the actus reus is a wound?
Intention to cause GBH
68
What is direct intention?
Aim or purpose (R v Moloney)
69
What is oblique intention?
When serious injury is a virtual certainty and the defendant appreciates that (R v Woollin)
70
What are examples of injuries under Section 47?
* Temporary loss of sensory function * Temporary loss of consciousness * Extensive bruising * Cutting someone’s hair without their consent * Minor fractures * Psychiatric injury that is more than trivial
71
What constitutes wounding under Sections 20 and 18?
Breaking both layers of skin, the dermis and epidermis
72
What is the actus reus for Section 47?
* Assault (meaning an assault or battery) * Occasioning (normal principles of causation apply) * Actual bodily harm
73
What is the mens rea for Section 47?
Intent or recklessness as to causing immediate and unlawful personal violence or applying unlawful force
74
What are the actus reus requirements for Section 20?
* Wound * Infliction of grievous bodily harm
75
What is the mens rea for Section 20?
D must intend or be reckless as to the causing of some harm
76
What are the actus reus requirements for Section 18?
* Wound * Causing grievous bodily harm
77
What is the mens rea for Section 18?
D must intend to cause grievous bodily harm

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