WEEK 6

Question 1

What are the key statutory offences related to non-fatal offences against the person?

Answer 1

S.18, S.20, S.47

These sections are part of the Offences Against the Person Act.

Question 2

What is the maximum sentence for common assault and battery?

Answer 2

6 months imprisonment or a fine

Common assault and battery are summary offences.

Question 3

Define assault in the context of criminal law.

Answer 3

Where D intentionally or recklessly causes V to apprehend immediate and unlawful personal violence.

Question 4

What is the actus reus of assault?

Answer 4

Any conduct causing V to apprehend an imminent threat of unlawful force.

Question 5

What is the mens rea required for assault?

Answer 5

Intention or recklessness.

Question 6

Can an omission to act suffice for assault?

Answer 6

Yes, if D creates a dangerous situation and has a duty to act.

Question 7

What case established that conditional threats may negate assault?

Answer 7

Tuberville v Savage (1669).

Question 8

What was the significance of R v Ireland and Burstow regarding words and assault?

Answer 8

Words alone can constitute an assault if they cause apprehension of immediate personal violence.

Question 9

What must a victim apprehend for there to be an assault?

Answer 9

Unlawful personal violence.

Question 10

What does ‘imminent’ mean in the context of assault?

Answer 10

Interpreted broadly, indicating a threat that could follow within a short time frame.

Question 11

What is the definition of battery in criminal law?

Answer 11

Any intentional or subjectively reckless touching of another person without consent.

Question 12

What is the actus reus of battery?

Answer 12

Unlawful physical contact with or touching of V.

Question 13

Can battery be committed through an omission?

Answer 13

Yes, if it is a continuing act.

Question 14

What is required for touching to be considered unlawful?

Answer 14

The touching must not be consented to.

Question 15

What are examples of actual bodily harm (ABH)?

Answer 15

• Bruises
• Grazes
• Tenderness
• Temporary loss of consciousness
• Psychiatric injury.

Question 16

What is the mens rea requirement for s. 47 ABH?

Answer 16

Intention or recklessness as to the base offence (assault or battery) is required, but not for the harm caused.

Question 17

What constitutes grievous bodily harm (GBH) according to Smith [1961]?

Answer 17

Really serious harm.

Question 18

What is the legal definition of a wound?

Answer 18

Continuity of whole skin must be broken.

Question 19

Can psychological harm be classified as GBH?

Answer 19

Yes, if it is a recognisable clinical condition.

Question 20

What is the importance of the case R v Dica in relation to GBH?

Answer 20

Transmission of STIs, such as HIV, can amount to GBH.

Question 21

True or False: Assault and battery are the same offence.

Answer 21

False.

Question 22

Fill in the blank: Assault is ‘__________’ while battery is unlawful touching.

Answer 22

apprehending violence

Question 23

What does ‘constructive liability’ refer to in the context of s. 47?

Answer 23

It refers to liability for the harm caused without needing to prove mens rea for that harm.

Question 24

What did the court decide in R v Constanza regarding apprehension of violence?

Answer 24

V was caused to apprehend violence ‘at some time not excluding the future’.

Question 25

What is the significance of Collins v Wilcock in understanding battery?

Answer 25

Every person's body is inviolate; any touching, however slight, may amount to a battery.

Question 26

What does GBH stand for?

Answer 26

Grievous Bodily Harm ## Footnote GBH refers to serious physical injury inflicted on a person.

Question 27

In deciding whether harm is GBH, what must be considered?

Answer 27

The totality of the injuries and the impact on the particular victim ## Footnote This includes considerations of the victim's age and health.

Question 28

What case established that the jury must consider contemporary social standards when evaluating STIs as GBH?

Answer 28

Golding ## Footnote This case determined that STIs can be considered GBH under current social contexts.

Question 29

Historically, what was thought to be required for 'inflict' in GBH cases?

Answer 29

Proof of assault ## Footnote This understanding changed with cases like Wilson [1984] and Dica [2004].

Question 30

According to Ireland and Burstow [1998], can an offence under s. 20 be committed without physical violence?

Answer 30

Yes ## Footnote This was established in the context of psychiatric injury.

Question 31

What does 'inflict' mean in the context of GBH?

Answer 31

'Inflict' means to cause ## Footnote The term is not synonymous with 'assault' but implies causing harm.

Question 32

What is the mens rea requirement for s. 20 OAPA?

Answer 32

Maliciously wound or inflict GBH ## Footnote Maliciously means intention or foresight.

Question 33

What must D intend or foresee to establish liability for GBH?

Answer 33

Some bodily harm ## Footnote It does not have to amount to GBH.

Question 34

What did Mowatt [1968] state about awareness in causing harm?

Answer 34

Awareness that the act may cause physical harm is sufficient ## Footnote The accused does not need to foresee serious harm.

Question 35

What is the key difference between s. 20 and s. 18 OAPA regarding mens rea?

Answer 35

s. 18 requires intention to cause GBH ## Footnote s. 20 only requires malicious intent.

Question 36

What is the maximum punishment for an offence under s. 18 OAPA?

Answer 36

Life imprisonment ## Footnote This reflects the serious nature of the offence.

Question 37

What does intention mean in the context of s. 18 OAPA?

Answer 37

Intention to cause GBH or to resist/prevent lawful apprehension ## Footnote It can be direct or indirect, but indirect is rare.

Question 38

What is required to prove malicious intent in cases of wounding or GBH with intent to resist arrest?

Answer 38

Prove that D had intention or subjective recklessness ## Footnote This is necessary to establish liability.

Question 39

What are the recommendations from the Law Commission regarding offences against the person?

Answer 39

Consideration for reform ## Footnote The most recent attempt was in 2015.

Question 40

Fill in the blank: The case ______ established that passing HIV onto a victim through consensual sexual intercourse could amount to GBH.

Answer 40

Dica ## Footnote This case emphasized that physical harm can be inflicted without direct assault.

Question 41

True or False: In s. 18 OAPA, recklessness is sufficient for mens rea.

Answer 41

False ## Footnote s. 18 requires intention only.