Non-Fatal Offences

Question 1

What is the definition of assault in UK law?

Answer 1

Assault is an act that causes another person to apprehend immediate unlawful violence.

Question 2

True or False: Battery requires physical contact.

Answer 2

True

Question 3

What section of the Offences Against the Person Act 1861 defines Assault occasioning Actual Bodily Harm (ABH)?

Answer 3

Section 47

Question 4

Fill in the blank: The maximum sentence for Assault is _____.

Answer 4

6 months imprisonment

Question 5

What is the difference between s20 and s18 GBH?

Answer 5

s20 GBH is inflicted without intent to cause serious injury, while s18 GBH is inflicted with intent.

Question 6

What does GBH stand for?

Answer 6

Grievous Bodily Harm

Question 7

True or False: Wounding is defined as breaking the skin.

Answer 7

True

Question 8

What is the penalty for s20 GBH?

Answer 8

Up to 5 years imprisonment

Question 9

What must be proven for a charge of battery?

Answer 9

That there was intentional or reckless application of force.

Question 10

What is the maximum penalty for s18 GBH?

Answer 10

Life imprisonment

Question 11

Fill in the blank: ABH requires that the victim suffers _____.

Answer 11

Actual bodily harm

Question 12

What is the mens rea for Assault?

Answer 12

Intention or recklessness as to causing apprehension of immediate unlawful violence.

Question 13

True or False: Consent is a defense to assault and battery.

Answer 13

True

Question 14

What is the key difference between assault and battery?

Answer 14

Assault is the threat of violence; battery is the actual application of force.

Question 15

What is the terminology used for the act of causing bodily harm with intent?

Answer 15

s18 GBH

Question 16

Fill in the blank: The term ‘actual bodily harm’ includes any injury that is _____.

Answer 16

more than trivial

Question 17

What does the term ‘wounding’ mean in the context of GBH?

Answer 17

Breaking the skin, causing blood to flow.

Question 18

What is the standard of proof required in a criminal case?

Answer 18

Beyond a reasonable doubt

Question 19

True or False: ABH can be charged if the injury is psychological.

Answer 19

False

Question 20

What is the actus reus for s20 GBH?

Answer 20

Causing serious injury to another person.

Question 21

Fill in the blank: The act of throwing a drink at someone can be considered as _____.

Answer 21

Battery

Question 22

What are the key elements needed to prove s47 ABH?

Answer 22

Assault or battery, and actual bodily harm caused.

Question 23

True or False: A person can be charged with both assault and battery for the same incident.

Answer 23

True

Question 24

What does ‘recklessness’ mean in the context of non-fatal offences?

Answer 24

Consciously disregarding a substantial risk of causing harm.

Question 25

What type of injury does s18 GBH typically involve?

Answer 25

Serious injury or life-threatening harm.

Question 26

Fill in the blank: For a battery charge, the force applied must be _____.

Answer 26

Unlawful

Question 27

What is the legal term for the intent to cause serious harm in s18 GBH?

Answer 27

Malicious intent

Question 28

True or False: The victim's consent can never be a defense in cases of GBH.

Answer 28

False

Question 29

What is the maximum penalty for s47 ABH?

Answer 29

5 years imprisonment

Question 30

In which section of the Offences Against the Person Act is Battery defined?

Answer 30

Section 39

Question 31

Fill in the blank: A cut that does not break the skin would not qualify as a _____.

Answer 31

Wound

Question 32

What is the significance of the case R v Ireland (1997) regarding assault?

Answer 32

It established that silence can amount to assault.

Question 33

True or False: Psychological harm can be considered under s20 GBH.

Answer 33

False

Question 34

What is required to establish the actus reus of s47 ABH?

Answer 34

Proof of assault or battery resulting in actual bodily harm.

Question 35

Fill in the blank: The term 'grievous' in GBH means _____.

Answer 35

Serious or severe

Question 36

What type of intent is required for s18 GBH?

Answer 36

Specific intent to cause serious injury.

Question 37

True or False: A person can only be charged with one type of non-fatal offence for a single act.

Answer 37

False

Question 38

What is the significance of the case R v Thomas (1985) regarding battery?

Answer 38

It confirmed that touching someone's clothing can amount to battery.

Question 39

Fill in the blank: A slap on the face can be classified as _____.

Answer 39

Battery

Question 40

What is the main difference between 'occasioning' and 'causing' in the context of ABH?

Answer 40

Occasioning implies a direct link to the assault or battery that led to harm.

Question 41

What is the standard of intent required for battery?

Answer 41

Intent or recklessness to apply force.

Question 42

True or False: The law distinguishes between different types of harm in non-fatal offences.

Answer 42

True