Non-fatal offences ( paper 1 part b)

Question 1

NFOs are…

Answer 1

Offences Against the Person Act 1861 (OAPA 1861)

Question 2

assualt is a…

Answer 2

non-touching offence

Question 3

battery is a…

Answer 3

touching offence

Question 4

s47 OAPA 1861 is…

Answer 4

actual bodily harm (ABH)

Question 5

s20 OAPA 1861 is…

Answer 5

grievous bodily harm (GBH) without intention

Question 6

s18 OAPA 1861 is…

Answer 6

grievous bodily harm (GBH) with intention

Question 7

AR of assualt

Answer 7

causing V to apprehend the immediate application of unlawful physical force or violence

Question 8

MR of assualt

Answer 8

intention or subjective recklessness as to causing V to apprehend the immediate application of unlawful physical force or violence

Question 9

AR of battery

Answer 9

the application of unlawful force

Question 10

MR of battery

Answer 10

intention or subjective recklessness as to applying unlawful force or violence

Question 11

AR of s47 OAPA 1861

Answer 11

AR of either assualt or battery occasioning in actual bodily harm

Question 12

MR of s47 OAPA 1861

Answer 12

MR of either assualt or battery

Question 13

AR of s20 OAPA 1861

Answer 13

unlawfully wound or inflict any grievous bodily harm

Question 14

MR of s20 OAPA 1861

Answer 14

to be reckless or to intend some harm

Question 15

AR of s18 OAPA 1861

Answer 15

to cause unlawful wound or GBH

Question 16

MR of s18 OAPA 1861

Answer 16

specific intention to cause GBH or specific intention to resist arrest

Question 17

Constanza

Answer 17

words can amount to assualt

Question 18

Ireland

Answer 18

silence can amount to assualt

Question 19

Tuberville v Savage

Answer 19

words can negate an assualt

Question 20

Smith

Answer 20

V fearing physical attack in the imminent future was enough

Question 21

Logdon

Answer 21

D had at least been reckless

Question 22

Faulkner v Talbot

Answer 22

‘Force’- there is no need to prove harm or pain, a mere touch is sufficient

Question 23

Collins v Willcock

Answer 23

everyday allowances had to be made

Question 24

Thomas

Answer 24

slightest touch constitutes a battery even if there was no application of force

Question 25

DPP v Khan

Answer 25

amounted to a battery as there was indirect force applied

Question 26

Fagan

Answer 26

battery can't be committed through omission

Question 27

Mohan

Question 28

Woollin

Question 29

Cunningham

Question 30

Miller

Answer 30

ABH is ' any hurt or injury calculated to interfere with the health or comfort of V'

Question 31

Chan-Fook

Answer 31

injury should...not be so trivial as to be insignificant

Question 32

T v DPP

Answer 32

momentary loss of consciousness amounts to an ABH

Question 33

Smith

Answer 33

ABH extends to hurt and damage so long as it isn't trivial ( harm doesn't necessarily mean pain)

Question 34

R v D

Answer 34

psychiatric harm -Constanza -Ireland

Question 35

Roberts

Answer 35

D doesn't have to foresee the harm

Question 36

Savage

Answer 36

D doesn't have to foresee the actual harm

Question 37

Martin

Answer 37

Although D didn't have a specific V in mind, blocking the fire exit and shouting 'fire', D had indirect application of force

Question 38

Burstow

Answer 38

GBH can be inflicted in the form of psychiatric damage and no physical force had to be present

Question 39

Saunders

Answer 39

doesn't have to be life threatening

Question 40

Brown and Stratton

Answer 40

a collection of s47 injuries can amount to GBH

Question 41

Bollom

Answer 41

severity of injuries will be assessed according to v's age and health

Question 42

Burstow

Answer 42

serious psychological harm constitutes a GBH

Question 43

Dica

Answer 43

biological harm is also GBH

Question 44

Eisenhower

Answer 44

injury wasn't sufficient to constitute a wound as both layers of the skin hadn't been broken

Question 45

Mowatt

Answer 45

it's enough to have foreseen some physical harm to V

Question 46

Belfon

Answer 46

D had certainly foreseen the risk of such consequences, but couldn't prove he had specific intent-reduced to s20

Question 47

Taylor

Answer 47

intention to wound wasn't sufficient for MR of s18

Question 48

Assualt & Battery sentence...

Answer 48

6 months per offence

Question 49

s47 &s20 sentence...

Answer 49

5 years

Question 50

s18 sentence...

Answer 50

life