Non Fatal Offences

Question 1

Assault Definition Case

Answer 1

D intentionally or recklessly causes V to apprehend immediate unlawful personal violence. (Fagon v MPC)

Question 2

AR Assault

Answer 2

Victim must apprehend immediate unlawful personal Violence
R v Ireland - can be words, actions, silence.

Question 3

MR Assault

Answer 3

MR: Intention to cause the V to apprehend immediate unlawful personal violence or being reckless as to whether such apprehension is caused. R v Paramenter

Question 4

Definition of Battery

Answer 4

The intention or reckless application of unlawful force upon a victim. R v Thomas - Touching somones clothes whilst they are wearing it is sufficient.

Question 5

AR Battery

Answer 5

Requires the application of unlawful physical force. Any touching is sufficient, does not reed to be hostile, rude or aggressive. (Faulkner v Talbot)

Question 6

MR Battery

Answer 6

MR - intention to apply unlawful physical fore or
being reckless as to whether such force is applied. R v Paramenter

Question 7

Battery does not reed to he direct. ‘application’

Answer 7

(DPP v K) Facts - boy put acid in hand dryer that caused injury to next user of dryer.

Question 8

S47 ABH Definition

Answer 8

this means hurt or injury that interferes with the health or comfort of victim. Not permanent but not too insignificant . (R v miller) - momentary distress

Question 9

Assault/ battery occasioning
ABH (s47) Sentencing

Answer 9

triable either-way offence
and carries a maximum
sentence of five years imprisonment.

Question 10

AR of s47 ABH

Answer 10

requires an assault or battery which causes ABH

Question 11

Mr of s47 ABH

Answer 11

Intention or Recklessness to cause on assault or battery. (R v Roberts) D only needed to intend or he reckless about the initial assault, not the injury.

Question 12

s18 Wounding and GBH

Answer 12

whosoever stall unlawfully and maliciously by any means whatsover wound or cause
GBH to any person, with intent to do some GBH to
any person, or with intent to resist or prevent the unlawful apprehension or detainer of any person, still be guilty.

Question 13

s18 GBH Conviction

Answer 13

It is indictable and carries a maximum sentence of life imprisonment.

Question 14

AR s18 GBH

Answer 14

Unlawfully wound or inflict GBH on another person.

Question 15

MR s18 GBH

Answer 15

requires intent to cause GBH, or intent to resist or prevent the lawful detainer (arrest) of any person. - recklessness is not sufficient

Question 16

Case of MR s18 GBH

Answer 16

(Rv Belfon) - evidence of specific intent to cause really serious harm.

Question 17

s20 Wounding and GBH:

Answer 17

Whosever shall unlawfully and maliciously wound or inflict any grevious bodily harm on any other person, either with or without a weapon or instrument, shall be guilty, of a misdemeanour.

Question 18

s20 Wounding and GBH Conviction

Answer 18

s20 represents a lesser offence than s18, which is triable-either way and carries a maximum 5 years imprisonment

Question 19

AR s20 GBh

Answer 19

requires D to unlawfully wound or inflict GBH to
another person.

Question 20

GBH definition

Answer 20

really serious harm, long-term permanent injury or injury requiring extensive treatment. This also includes V being vulnerable, young or Old. (R v Bollom)

Question 21

Mr s20 GBH

Answer 21

intention or recklessness to cause some harm. No need to establish serious harm.