Non Fatal Offences

Question 1

Hierarchy of non fatal offences low to high

Answer 1

Assault or battery
S47
S20
S18

Question 2

Common assault is under

Answer 2

S39 of criminal justice act 1988

Question 3

2 ways of committing common assault

Answer 3

Assault

Battery

Question 4

Max punishment for common assault

Answer 4

6 months or
£5000 fine or
Both

Question 5

Definition of assault

Answer 5

No touching
Fear of immediate unlawful force
Intention to cause fear or recklessness

Question 6

Actus reus if assault

Answer 6

An act (some act or words) 
Apprehend immediate unlawful force (no assault if obvious D can’t actually use force)

Question 7

Case for assault

Answer 7

Smith v Woking police station 
D outside V window
Not in house
V was frightened 
Fright enough

Question 8

One way to prevent from being assault

Answer 8

Words used to dip dictate there will be no violence

Question 9

4 examples of assault

Answer 9

Raising a Fist
Throwing stone that misses V
Pointing loaded gun
‘I am going to hit you’

Question 10

Force in assault and battery must be

Answer 10

Unlawful

Question 11

Mens rea of assault

Answer 11

Intention to cause fear

Question 12

Test for recklessness in assault

Answer 12

Subjective

D must realise there is a risk that his words could cause fear

Question 13

Definition of battery

Answer 13

Unlawful force to another person

Intending to apply unlawful physical force

Question 14

Actus reus for battery

Answer 14

Application Of unlawful force

Question 15

Continuing act for battery

Answer 15

May commit crime at first by accident but then intend to carry on offence

Question 16

Case for continuing act for battery

Answer 16

Fagan v police
D Parked car on police officers foot by accident
Then refused to move car when they asked him to

Question 17

Indirect act battery

Answer 17

Booby trap
Not personally touching victim
But intending harm

Question 18

Case for indirect act battery

Answer 18

DPP b K
School boy out sulphuric acid in hand dryer
Someone used it and got burnt

Question 19

Omissions in battery

Answer 19

Failure to act

Only if d is under duty of care

Question 20

Case for omissions in battery

Answer 20

DPP v Santa Bermudez
Policempwoman asked if there were any needles on d
Searched him
Injured by needle, bled

Question 21

Battery with no assault

Answer 21

If v is unaware of d there is no assault

Question 22

Men’s rea for battery

Answer 22

Intention to apply unlawful physical force
Recklessness
Must realise there is a risk

Question 23

OAPA

Answer 23

offences against the Persons act

Question 24

Lowest Assault where actual harm is caused

Answer 24

Actual bodily harm

Triable either way

Question 25

Assault occaisioning actual bodily harm

Answer 25

Section 47 OAPA

Question 26

Definition of assault occaisioning ABH

Answer 26

Assault or battery that causes actual bodily harm Done with intention of causing fear or Subjecting unlawful force

Question 27

Men’s rea of section 47

Answer 27

Men’s rea for assault or battery | Intention fear or harm

Question 28

Actus reus Of section 47

Answer 28

Assault or battery that caused actual bodily harm

Question 29

Malicious wounding

Answer 29

S20 OAPA

Question 30

Actus reus for s20

Answer 30

Direct or indirect act Omission No need to prove assault

Question 31

Men’s rea for s20

Answer 31

Intention or subjective recklessness to cause some injury

Question 32

Consequence for s20

Answer 32

Wound Cutting of the skin Or serious bodily harm Inc pychiatric harm

Question 33

Wounding or causing grievous bodily harm

Answer 33

S18 OAPA

Question 34

Actus reus for s18

Answer 34

Direct or indirect ommission

Question 35

Men’s rea for s18

Answer 35

Specific intention to cause gbh | Specific intention to prevent arresting

Question 36

Consequence for s18

Answer 36

Wound or gbh

Question 37

Max sentence for s20

Answer 37

5 years

Question 38

Max sentence for s18

Answer 38

Life