Non-Fatal Offences

Question 1

What is assault and battery defined under?

Answer 1

Not defined under any act

Criminal justice act 1988- states the max sentences and establishes they are summary offences

Question 2

What is s.47, s.20 and s.18 defined under?

Answer 2

Offences Against the Person Act 1861

Question 3

Max sentences for the 5 offences

Answer 3

Assault/Battery- 6 months

S.47- 5 years

S.20- 5 years

S.18- life

Question 4

Assault definition

Answer 4

AR- Actions or words which cause V to apprehend immediate unlawful force

MR- Intentionally or recklessly causing V to apprehend immediate unlawful force

Question 5

Assault- Actions or words cases

Answer 5

Smith v Woking Police

Ireland

Tuberville v Savage

Question 6

Assault- which cause V to apprehend immediate unlawful force (case)

Answer 6

Smith v Woking

Question 7

intentionally/recklessly causing V to apprehend immediate unlawful force (case)

Answer 7

Logdon

Question 8

Smith v Woking Police

Answer 8

Act was looking at a woman through a window in her night clothes, although the threat was considered immediate even though he was still outside.

Question 9

Ireland (assault)

Answer 9

Words alone are enough even silent phone calls

Question 10

Tuberville v Savage

Answer 10

Words can prevent assault.

Question 11

Logdon

Answer 11

D pointed an imitation gun at V in chest, V did not realise it was a replica and was terrified. He was reckless as to weather V would apprehend such violence.

Question 12

Definition of battery

Answer 12

AR- Applying unlawful force to another person

MR-Intentionally or Recklessly applying unlawful force to V

Question 13

Applying unlawful force to another person (cases)

Answer 13

Collins v Wilcock

Thomas

DPP v K

Santana-Bermudez

Question 14

Intentionally or Recklessly applying unlawful force to V (case)

Answer 14

Venna

Question 15

Collins v Wilcock

Answer 15

‘Any touching of another person, however slight may amount to battery’

Question 16

Thomas

Answer 16

Touching someone’s clothes can amount to battery

Question 17

DPP v K

Answer 17

Booby traps can amount to battery (acid in hand dryer)

Question 18

Venna

Answer 18

Committed battery recklessly when struggling with a police officer who tried to arrest him.

Question 19

S.47?

Answer 19

Assault or Battery occasioning ABH.

Question 20

S.47 definition

Answer 20

AR-Assault or Battery which causes ABH

MR- Intentionally or recklessly causing V to apprehend immediate unlawful force (MR of assault)

Or

Intentionally or recklessly applying unlawful force to V (MR of battery)

Question 21

Assault or battery which causes ABH (cases)

Answer 21

Miller

DPP v Smith

T v DPP

Ireland

Question 22

MR- Intentionally or recklessly causing V to apprehend immediate unlawful force
Or
Intentionally or recklessly applying unlawful force to V

(Case)

Answer 22

Savage

Question 23

Miller

Answer 23

ABH was defined as any hurt or injury calculated to interfere with health or comfort (provided more than trivial)

Question 24

DPP v Smith

Answer 24

Cutting off V’s ponytail amounted to ABH

Question 25

T v DPP

Answer 25

Momentary loss of consciousness amounted to ABH

Question 26

Ireland (ABH)

Answer 26

ABH can include psychiatric injury. It does not cover mere emotions stress or panic.

Question 27

Savage

Answer 27

D threw a beer but the glass slipped out D’s hand cutting V. You do not have to intend or be reckless weather ABH is caused (only assault or battery)

Question 28

S.20

Answer 28

Maliciously wounding or inflicting GBH

Question 29

Definition of s.20

Answer 29

AR- wounding or inflicting GBH MR- intentionally or recklessly causing some harm

Question 30

Wounding or inflicting GBH (cases)

Answer 30

Eisenhower DPP v Smith Bollom Brown and Stratton Burstow Dica

Question 31

Eisenhower

Answer 31

Wounding means breaking of the skin not internal bleeding, must break 2 layers of skin

Question 32

DPP v Smith (s.20)

Answer 32

GBH is serious harm- broken limbs, dislocations, permanent disability

Question 33

Bollom

Answer 33

Severity of injuries should be assessed according to V’s age and health.

Question 34

Brown and Stratton

Answer 34

Several minor injuries amounted to GBH

Question 35

Burstow

Answer 35

Serious psychiatric injury can amount to s.20

Question 36

Dica

Answer 36

S.20 includes biological disease

Question 37

Intentionally or recklessly causing some harm (case)

Answer 37

Parmenter

Question 38

Parmenter

Answer 38

Only foreseeing some harm is necessary, D was found not guilty for throwing his baby in the air as he did not foresee a risk of any injury.

Question 39

What does s.18 stand for?

Answer 39

Wounding or causing Grievous Bodily Harm with intent.

Question 40

Definition of s.18

Answer 40

AR-Wounding or causes GBH MR- Intent to cause GBH or intention to resist arrest (with foresight of some harm)

Question 41

Wounding or causing GBH (Cases)

Answer 41

Same as s.20 Eisenhower DPP v Smith

Question 42

Intention to cause GBH or intention to resist arrest (cases)

Answer 42

Belgian Taylor Morrison

Question 43

Belfon

Answer 43

Being reckless as to causing serious injury is not enough.

Question 44

Taylor

Answer 44

Intention to wound is not enough

Question 45

Morrison

Answer 45

D dived through a window to escape arrest and dragged the police officer through broken glass. Was convicted of s.18 and was reckless.

Question 46

Evaluation points (Assault/battery)

Answer 46

- Creates confusion | - Assault and battery are not defined.

Question 47

Evaluation-Creates confusion (assault and battery)

Answer 47

S.39 Criminal Justice Act 1988 does not make it clear that assault and battery are two distinct offences, referring to them as ‘common assault’