Non-Fatal Offences

Question 1

Name the non-fatal offences against the person, in order or most serious to least serious.

Answer 1

S18 - Wounding or causing GBH with intent

S20 - Wounding or inflicting GBH

S47 - Assault occasioning ABH

Battery

Assault

Question 2

What is the actus reus and mens rea for assault?

Answer 2

AR:
Apprehending immediate and unlawful personal violence

MR:
Intention or recklessness in causing the victim to apprehend immediate and unlawful personal violence

Question 3

Explain the AR for assault in detail

Answer 3

Apprehension:

V must EXPECT or ANTICIPATE but no need to FEAR unlawful violence [no need for the violence to happen]

Words / silence is enough, but can also negate an assault

Immediate - no need to be instant but in the immediate future

Unlawful: no self-defence / consent

Personal violence: all the victim has to anticipate is an unwanted touch - but must be physical force

Question 4

Explain the MR for assault in detail

Answer 4

Intention or recklessness

Standard interpretation of intention as aim or purpose and recklessness from R v G (objective and subjective)

Question 5

What is battery?

Answer 5

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

Question 6

What is the AR and MR of battery?

Answer 6

AR: unlawful application of force to another person

MR: Intentionally / recklessly applying unlawful force

Question 7

Explain the AR of battery in detail

Answer 7

Application: battery can be inflicted directly, indirectly or by an omission

Unlawful: consent sometimes can be implied in everyday life

Force: this can be a very small touch, no need to be rude / hostile / aggressive - can be on clothes

Trivial harm only - if greater, liable for S47

Question 8

What is the MR of battery?

Answer 8

Intention or recklessness as to applying unlawful force on another person

Question 9

What is the AR and MR of S47 assault occasioning actual bodily harm?

Answer 9

AR: Assault, Occasioning, ABH

MR: Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal violence, or applying unlawful force upon another

Question 10

Analyse in detail the AR of S47 assault occasioning ABH

Answer 10

Assault - can be either an assault or a battery - this also includes establishing the AR and MR of that offence within

occasioning - normal causation principles apply

S47 can also be caused by an omission - failure to tell someone / do something that then leads them to hurt themselves

ABH - injury, but should not be trivial or both transient and trifling. Includes psychiatric injury, but not just emotions like fear / distress / panic

Question 11

What MR is required for S47 assault occasioning ABH?

Answer 11

No MR is required for ABH
All that is required is the MR for assault / battery

Question 12

What is the AR and MR for malicious wounding or inflicting grievous bodily harm, S20 OAPA?

Answer 12

Two offences under S20:
Malicious wounding
Maliciously inflicting grievous bodily harm

AR:
Wound; or
Infliction of GBHH

MR:
D must intend or be reckless as to the causing of some harm

Question 13

Analyse the AR of S20 OAPA

Answer 13

“Wound” - both layers of skin must be broken - but need not be sever

Infliction of GBH:
‘Inflict’ - means the same as cause - normal rules of causation apply

Assault not a pre-requisite - can be psychological injury if proven by expert evidence

GBH: (really) serious harm
Consider effect, age / health of victim, totality of injuries

Question 14

Analyse the MR of S20 OAPA

Answer 14

Intention or recklessness as to the causing of some harm

Enough to foresee physical harm would occur, even if minor

Question 15

What is the AR and MR of S18 OAPA: Wounding or causing GBH with intent?

Answer 15

AR: wound or causing GBH

MR: D must intend to cause GBH

creates two offences:
Malicious wounding with intent to cause GBH

Maliciously inflicting GBH with intent to cause GBH

Question 16

Analyse the AR of S18 OAPA

Answer 16

Wound; break in both layers of the skin

Causing; Normal rules of causation apply

GBH: serious harm

Question 17

Analyse the MR of S18

Answer 17

MR is the key difference between S18 and S20

Intention is only MR available - D must intend to cause GBH (serious harm)

If AR is a wound - MR is still intention to cause GBH - intention to wound is not enough

Intention can be direct or oblique

Question 18

Give examples of ABH

Answer 18

Temporary loss of sensory function
Temporary loss of consciousness
Extensive bruising
Cutting hair without consent
Minor fractures
Psychiatric injury more than trivial

Question 19

Give examples of GBH

Answer 19

Permanent loss of sensory function
Disability
Broken bones
Fractured skull
Blood loss - substantial

Question 20

How is ABH defined?

Answer 20

Any hurt of injury calculated to interfere with the health or comfort of the victim.

Question 21

Which is the least serious non-fatal offence?

Answer 21

Assault - no touching is required

Question 22

Would a threat that force will be applied at some point in the future be sufficient to constitute assault?

Answer 22

No - there must be an immediacy, but courts have been quite generous in their interpretation of this as ‘any time not excluding the immediate future’

Question 23

Can an assault be caused by a fear of psychological violence?

Answer 23

No - it has to be physical

Question 24

What, if present, might make the application of force lawful?

Answer 24

Consent

Question 25

How is the actual bodily harm element of S47 OAABH defined?

Answer 25

Hurt need not be serious or permanent, but must be more than transient and trifling Another interpretation: victim's health or comfort is interfered with

Question 26

Does ABH include psychological injury?

Answer 26

Yes - but not just emotions like fear, only identifiable clinical conditions

Question 26

What is a wound for the purpose of S18 and S20?

Answer 26

Any break in the continuity of both layers of the skin - no need for any severity MCQ point: a scratch will suffice here

Question 27

What is the key difference between S20 and S18 OAPA?

Answer 27

For S20 MR - D must intend or be RECKLESS as to the causing of SOME harm For S28 - D must intend to cause serious harm

Question 28

If the AR of s18 is a wound, what will the MR be?

Answer 28

Intention to cause GBH - intention to wound is NOT enough

Question 29

Can GBH include psychiatric injury?

Answer 29

Yes, if serious enough

Question 30

What does S18 OAPA say about resisting arrest?

Answer 30

Offence includes an intent to resist or prevent lawful apprehension

Question 31

What is important to remember in MCQs about S47?

Answer 31

Can be assault or battery MR then depends on whether it is assault or battery - so this is a key component