Non-Fatal Offences

Question 1

What is the MR and AR for assault?

Answer 1

AR - making the victim apprehend immediate and unlawful force

MR - intending or being reckless as to making the victim apprehend immediate and unlawful force. (Savage)

Question 2

What are the maybe cases for assault?

Answer 2

Ireland - Silent phone calls = assault
Constanza - Letters = assault
Tuberville v Savage - Words can negate an assault

Question 3

What is the MR and AR for battery?

Answer 3

AR - applying unlawful force, “however slight.” (Collins)

MR - intentionally or recklessly applying unlawful force (Venna)

Question 4

What are the maybe cases for battery?

Answer 4

Thomas - touching clothes = battery
Collins - we consent to “everyday jostling”
Haystead - a person can be battered indirectly

Question 5

What are the MR and AR for s.47 OATPA 1861?

Answer 5

AR - an assault or battery which has resulted in actual bodily harm, which is more than “transient or trifling” (Miller)

MR - only requires intention of the assault/battery which caused the harm (Savage/Venna)

Question 6

What are the maybe cases for s.47 OATPA 1861?

Answer 6

Chan Fook - psychiatric harm = actual bodily harm
Smith - cutting hair = actual bodily harm
T v DPP - loss of consciousness = actual bodily harm

Question 7

What is the MR and AR for s.20 OATPA 1861?

Answer 7

AR - causing a “wound” which is break in the continuity of the skin (Eisenhower) or by causing GBH which is defined as “serious harm” (Saunders)

MR - intentionally or being reckless as to bring about “some harm.” The defendant does not need to intend serious harm (Mowat)

Question 8

What is the MR and AR for s.18 OATPA 1861?

Answer 8

AR - causing a “wound” which is break in the continuity of the skin (Eisenhower) or by causing GBH which is defined as “serious harm” (Saunders)

MR - direct/oblique intent to cause “really serious harm” (Taylor) or to intend or recklessly bring about “some harm.” WHILE RESISTING ARREST (Morrison)

Question 9

What are the maybe cases for s.18/20 OATPA 1861?

Answer 9

Brown - several types of ABH = GBH
Dica - serious STI’s = really serious harm
Bollom - harming young/old people = more serious

Question 10

What are the maximum sentences for each of the non-fatal offences?

Answer 10

Assault/Battery = 6 months

s. 47/s.20 = 5 years
s. 18 = discretionary life