Non-fatal offences against the person

Question 1

rank the ladder of offences

Answer 1

1. most serious: s18 GBH
2. s20 GBH
3. s47 ABH
4. s39 battery and assault

Question 2

define the AR and MR of assault

Answer 2

• AR: causing the victim to apprehend immediate and unlawful personal force
• MR: intention of recklessness as to whether the victim was caused to apprehend immediate and unlawful personal force

Question 3

what is the imminence requirement for assault

Answer 3

• V must be caused to apprehend immediate or imminent unlawful personal violence
• courts have applied subjective and objective approach

–> subjective: ask what facts V is caused to believe
–> objective: based on the facts, whether this belief amounts to an apprehension of imminent violence

Question 4

can the conduct element of assault be satisfied by words alone, or by omission?

Answer 4

yes, words alone are capable of causing V to apprehend unlawful imminent violence
- whether communicated orally or in written form

Question 5

define AR and MR of battery

Answer 5

AR: the infliction of unlawful personal force
–> force can applied indirectly
–> requires physical contact, even if V is unaware of the touching

MR: intention or recklessness as to whether unlawful personal force was inflicted

Question 6

define AR and MR in ABH

Answer 6

• AR: any assault or battery which occasions ABH
  –> physical or psychological injury that isn’t ‘really serious harm’
  –> more than merely trivial such as cuts, bruises (Smith 2006)
• MR: MR for assault or battery

Question 7

define AR and MR for s20 GBH

Answer 7

AR: either wounding or inflicting GBH “really serious harm”
–> need not be permanent or life threatening
–> includes PI

MR: intention of recklessness as to some physical harm

Question 8

define AR and MR of s18 GBH

Answer 8

AR: either wounding or inflicting GBH

MR: intention to cause GBH or intention to resist/ prevent arrest