Non Fatal Offences

Question 1

Definition of assault?

Answer 1

Lord Goff-Collins v Wilcock
“An act that causes the victim to apprehend an immediate, unlawful force”

Question 2

Stage one of assault?

Answer 2

An act- the defendant must do an act, this can be gestures, words even silence.
Ireland- silent phone calls

Question 3

Side rule for stage one of assault?

Answer 3

Constanza- Sending letters/ emails/ texts

Question 4

Stage two of assault?

Answer 4

Apprehend- The act must cause the victim to apprehend (believe the threat is real)
Lamb

Question 5

Side rule for stage two of assault?

Answer 5

Logden- what if the defendant was joking?

Question 6

Stage three for assault?

Answer 6

Immediate- the threat of force must be immediate
Smith v Chief superintendent of Woking police

Question 7

Side rule of stage three of assault?

Answer 7

Tuberville v savage- words may cancel out an assault

Question 8

Definition of battery?

Answer 8

Lord Goff- Collins v Wilcock
“Defendant unlawfully touches the victim”

Question 9

Stage one of battery?

Answer 9

Touching- Lord Goff - Collins v Wilcock
“Any touching, however slight may amount to a battery”

Question 10

Side rules for stage one of battery?

Answer 10

Thomas- touching the victims clothes= battery
Martin- indirect touching =battery

Question 11

Stage two of battery?

Answer 11

Unlawful- the touching must be unlawful
Wilson v Pringle- “unlawful” means hostile or aggressive

Question 12

What is the definition of ABH?

Answer 12

ABH is defined under s.47 of the Offences Against the Persons Act 1861 as “A common assault that occasions actual bodily harm”

Question 13

What is stage one of the Actus Reus for ABH?

Answer 13

Stage one- the defendant must have committed a common assault (assault or battery)

Question 14

What is stage two of the Actus Reus for ABH?

Answer 14

Stage two- the assault/battery must have occasioned (caused) the injuries.

Question 15

What is stage three of the actus Reus for ABH?

Answer 15

The victim must have ABH injuries.
(Miller/ Chan fook)- “Any hurt or injury calculated to interfere with the health or comfort of a victim must be more than trifling and not trivial.

Question 16

What are the ABH injuries?

Answer 16

Extensive/ multiple bruising
Temporary loss of sensory function
Psychiatric injury- mild or temporary
Broken nose, fingers, toes
Temporary loss of consciousness
Cutting the victims hair
Minor cuts requiring medical treatment
Chipped/ loss of tooth

Question 17

What is the men’s rea for ABH?

Answer 17

Savage- only the men’s rea for assault or battery is needed.

Question 18

Definition of S20 GHB?

Answer 18

Offences Against the Persons Act 1861- “Inflicting a wound or grievous bodily harm injuries, with the intention or recklessness to inflict some harm”.

Question 19

Definition of S18 GBH

Answer 19

Offences Against the Persons Act 1861- “Inflicting a wound or grievous bodily harm injuries, with the intention to inflict GBH or resist arrest”.

Question 20

Stage one of the actus reus for GBH?

Answer 20

The D must inflict a wound or GBH injuries.
Eisenhower- A wound is a break in both layers of the skin (dermis and epidermis).
Smith- A GBH injury is “nothing more or nothing less than really serious harm”

Question 21

What are the side rules for stage one of GBH?

Answer 21

Brown/Stratton- Accumulation of injuries can amount to GBH when taken together.
Bollom- Vulnerable victim, the injuries are seen as more serious.

Question 22

What is the men’s rea for S20 GBH?

Answer 22

S20 GBH- Intention (Mohan), or recklessness (Cunningham) to inflict SOME harm (Mowatt)

Question 23

What is the men’s rea for S18 GBH?

Answer 23

S18 GBH- Intention (Mohan) to inflict GBH injuries or intention to resist arrest (Morrison/ Mowatt).