Non-Fatal offences

Question 1

what are non fatal offences

Answer 1

offences which take form of an attack directed at another person, dont result in death of any person

Question 2

what act is battery and assault under

Answer 2

s.39 criminal justice act 1988

Question 3

what act is ABH and GBH under

Answer 3

offences against person act 1861 (OAPA)

Question 4

what is a basic intent crime

Answer 4

offence includes both intention and recklessness as part of mens rea

Question 5

what is a specific intent crime

Answer 5

offence only includes intention

Question 6

what is the actus reus of assault

Answer 6

causing victim to apprehend immediate unlawful force

Question 7

what are the 3 elements of assault

Answer 7

1. an act (including words and silence)
2. apprehend
3. immediate

Question 8

what 3 things can amount to an act?

Answer 8

words sufficient for an assault both verbal and written (R v Constanza) - letters

silent telephone calls can amount to an assault (R v Ireland) - silent telephone calls caused psychiatric injures

gestures can amount to an assault (Logan v DPP)

Question 9

when can words negate an assault

Answer 9

words indicate no violence will take place (Tuberville v Savage)

Question 10

what is the second element of assault

Answer 10

apprehend - victime must have genuine belief something about to happen to them (logan v dpp) gesture. In R v Lamb didn’t apprehend immediate unlawful force

Question 11

what is the third element of assault

Answer 11

fear of immediate force (about to happen). was defined in smith v chief - victim not knowing what defendant will do next.

Question 12

what is the mens rea of assault?

Answer 12

intention or recklessness as to causing the victim to apprehend immediate unlawful force.

so defendant could have either direct intent (mohan) or recklessness (cunningham)