50-Mark Non-Fatal Offences Analysis
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Questions and Answers

Which of the following is the actus reus of assault?

  • Any act which causes the victim to apprehend the immediate infliction of violence (correct)
  • Intentionally causing harm
  • Creating fear in another person
  • The actual use of violence against a person

    • According to common law, assault is a felony offense.

    False (B)

    What is the maximum sentence for assault under the Criminal Justice Act 1988?

    6 months imprisonment or a fine

    The case of ___________ v Wilcock established the actus reus of assault as any act which causes the victim to apprehend the immediate infliction of violence.

    <p>Collins</p> Signup and view all the answers

    Which case established that mere words can negate an assault?

    <p>Tuberville v Savage (A)</p> Signup and view all the answers

    Match the case with the principle it established:

    <p>Collins v Wilcock = Established the actus reus of assault. R v Ireland and Burstow = Established that silent telephone calls can be assault. Constanza = Established that threatening letters can be assault. Smith v Chief Superintendent of Woking Police Station = Established ‘immediate enough’ in context of assault.</p> Signup and view all the answers

    According to the content the offences against the person act 1861 covers assault and battery.

    <p>False (B)</p> Signup and view all the answers

    What does the Content say should always be considered in non-fatal application questions?

    <p>Any available defenses</p> Signup and view all the answers

    Which of the following offenses requires specific intent as the mens rea?

    <p>Section 18 (B)</p> Signup and view all the answers

    The actus reus for section 18 requires 'infliction' of a wound or grievous bodily harm.

    <p>False (B)</p> Signup and view all the answers

    What are the two aspects of the mens rea required for a conviction under section 18?

    <p>The defendant must maliciously wound or cause grievous bodily harm and have specific intent to either cause grievous bodily harm or to resist or prevent lawful apprehension.</p> Signup and view all the answers

    Unlike section 20, section 18 can only be proven with ____.

    <p>intention</p> Signup and view all the answers

    Match the following offenses with the level of intent required:

    <p>Section 18 = Specific intent Section 47 = Basic intent Section 20 = Basic intent</p> Signup and view all the answers

    Which of the following is NOT part of the mens rea for s.18?

    <p>Recklessness as to causing some harm (A)</p> Signup and view all the answers

    If a defendant intends to cause some harm, but not necessarily grievous bodily harm, they can still be convicted under section 18.

    <p>False (B)</p> Signup and view all the answers

    What phrase is important when considering the actus reus of Section 18?

    <p>There must be a causal link - the word 'cause' is important in Section 18</p> Signup and view all the answers

    What is the mens rea for assault according to R v Savage, Parmenter (1992)?

    <p>Intention to cause fear of immediate unlawful force or subjective recklessness as to whether such fear would be created (A)</p> Signup and view all the answers

    A battery can be committed even if the victim is not aware of it at the time.

    <p>True (A)</p> Signup and view all the answers

    What is the actus reus of battery?

    <p>The application of unlawful physical force on another</p> Signup and view all the answers

    In the case of Haysted v DPP, battery was considered to be ____ when a woman dropped her child after being punched.

    <p>indirect</p> Signup and view all the answers

    Match the following legal terms with their definitions:

    <p>Actus Reus = The physical act or unlawful conduct that is the cause of harm Mens Rea = The mental state or intention of the person committing the unlawful act Assault = An act that causes someone to fear the immediate application of unlawful force Battery = The act of applying unlawful physical force to another person</p> Signup and view all the answers

    Which case established that touching the hem of a girl's skirt was akin to touching the girl herself for the purposes of battery?

    <p>Thomas (B)</p> Signup and view all the answers

    The case of R v Venna confirmed that the mens rea of battery can only be satisfied by a direct intention to apply unlawful force.

    <p>False (B)</p> Signup and view all the answers

    According to the content, what does ‘occasioning’ mean in the context of Actual Bodily Harm (ABH)?

    <p>To bring about; cause</p> Signup and view all the answers

    A battery can be committed by _______, when there is a duty to act.

    <p>omission</p> Signup and view all the answers

    What is the maximum sentence for Actual Bodily Harm (ABH)?

    <p>5 years imprisonment (C)</p> Signup and view all the answers

    For an act to qualify as ABH, the injury must be permanent.

    <p>False (B)</p> Signup and view all the answers

    Name a case where psychological harm was recognised as Actual Bodily Harm (ABH).

    <p>Miller</p> Signup and view all the answers

    The case of DPP v Smith confirms that _________ can constitute actual bodily harm.

    <p>cutting someone’s hair</p> Signup and view all the answers

    Match the cases to thier corresponding principle:

    <p>R v Roberts = Establishes the chain of causation in ABH cases Chan Fook = Clarifies that ABH needs to be more than 'transient or trifling' Fagan v Metropolitan Police Commissioner = Indirect application of force constitues battery DPP v Santana Bermudez = Battery can be committed by omission</p> Signup and view all the answers

    In the case of R v Cunningham, what type of recklessness is associated with the mens rea of assault?

    <p>Subjective recklessness (A)</p> Signup and view all the answers

    What is the maximum sentence for Actual Bodily Harm (ABH) under the Offences Against the Person Act 1861?

    <p>5 years imprisonment (A)</p> Signup and view all the answers

    The mens rea for ABH requires proof that the defendant intended to cause the specific harm inflicted.

    <p>False (B)</p> Signup and view all the answers

    According to DPP v Smith (1961), how is grievous bodily harm (GBH) defined?

    <p>'Really serious harm'</p> Signup and view all the answers

    A wound requires a breaking in the continuity of the ________ .

    <p>skin</p> Signup and view all the answers

    Match the following cases with their significance in defining GBH:

    <p>DPP v Smith (1961) = Defined GBH as 'really serious harm' Moriarty v Brooks (1834) = Established that a wound requires a break in both dermis and epidermis R v Savage (1992) = Confirmed the mens rea for ABH is the same as battery/assault R v Dica (2004) = Widened the meaning of inflict to include recklessly transmitting HIV</p> Signup and view all the answers

    Which case established that recklessly transmitting HIV to an unaware partner can be considered infliction of GBH?

    <p>Dica (2004) (C)</p> Signup and view all the answers

    The mens rea for GBH under s.20 requires the defendant to intend or be reckless specifically to causing 'really serious harm'.

    <p>False (B)</p> Signup and view all the answers

    What must be broken in order for an injury to be classified as a wound according to Moriarty v Brooks (1834)?

    <p>Both the dermis and epidermis.</p> Signup and view all the answers

    The case of R v Savage; DPP v Parmenter confirmed that the defendant only needs to intend or foresee that ________ might occur for GBH.

    <p>some harm</p> Signup and view all the answers

    What is the maximum sentence for GBH with intent under s.18 of the Offences Against the Person Act 1861?

    <p>Life imprisonment (C)</p> Signup and view all the answers

    A scratch that breaks the outer skin but not the inner skin is sufficient to be classified as a wound.

    <p>False (B)</p> Signup and view all the answers

    What does the term 'maliciously' mean in the context of mens rea for GBH?

    <p>Intention or subjective recklessness</p> Signup and view all the answers

    The case of Roberts (1971) established there's no requirement to prove any extra _________ for actual bodily harm.

    <p>mens rea</p> Signup and view all the answers

    In R v Halliday (1889), what was the key principle established regarding infliction of GBH?

    <p>GBH includes situations where the victim injures themselves escaping harm (B)</p> Signup and view all the answers

    Match the case with the point it established

    <p>Mowatt (1967) = Established that the defendant only needs to foresee some harm for GBH Eisenhower (1984) = Established that an internal rupture does not amount to a wound Clarence (1888) = Restrictive and now considered bad law on 'infliction' Saunders (1985) = Confirmed GBH as ‘really serious harm’</p> Signup and view all the answers

    Study Notes

    Answering the 50-Mark Non-Fatal Offence Question

    • Introduction:
      • Majority of offences are non-fatal.
      • Five non-fatal offences against the person are relevant.
      • Law is found in common law & Offences Against the Person Act 1861 (OAP Act).
      • Plea bargaining between offences is possible.
      • CPS charging standards and defences (intoxication, automatism, self-defense) are considered.

    Offense Analysis Framework

    • Structure: For each incident, analyze:
      • Actus Reus: Explain and apply the actus reus elements of the offense to the scenario.
      • Mens Rea: Explain and apply the mens rea elements of the offense to the scenario.
      • Conviction Likelihood: Conclude on the likelihood of conviction for the offense.

    Assault

    • Actus Reus: Any act causing the victim to apprehend the immediate infliction of violence (e.g., raising a fist, threat). Includes silent calls, letters, and words (even if not immediately present).

      • Scenario Application: Identify defendant's actions and how the victim apprehended immediate violence.

    • Mens Rea: Defendant intended to cause fear of immediate unlawful force, or foresaw the risk of such fear.

      • Scenario Application: Determine whether the defendant intended to cause fear or was reckless in doing so.

    • Battery:

      • Actus Reus: Unlawful application of physical force. Can be direct or indirect. Includes minor touches in some cases; examples include walking into someone.
      • Scenario Application: Identify the application of force and whether it was unlawful.

    • Mens Rea: Intention or subjective recklessness to apply unlawful force.

      • Scenario Application: Determine whether the defendant intended the force or was reckless about its consequences being unlawful.

    Actual Bodily Harm (ABH)

    • Actus Reus:

      • Assault or battery.
      • Occasioning: The assault/battery must cause ABH.
      • Actual bodily harm: Physical or psychological harm; cutting hair, more than a transient injury, interfering with health or comfort.
      • Scenario Application: Identify the assault/battery and resulting ABH. Ensure causation.

    • Mens Rea: Same as Assault or Battery (intention or recklessness).

      • Scenario Application: The defendant must have the mens rea for the assault or battery to prove ABH, not necessarily for the specific harm caused.

    Grievous Bodily Harm (GBH)

    • Actus Reus:

      • Infliction of GBH: Really serious harm; can include recklessness in transmission of HIV.
      • Wounding: Breaking the continuity of skin. (both dermis and epidermis)
      • Scenario Application: Explain whether the injury meets the ‘really serious harm’ threshold or constitutes a wound.

    • Mens Rea: Maliciously (intention or subjective recklessness) causing harm.

      • Scenario Application: Did the defendant intend/foresee some harm, even if not the full extent of the harm.

    GBH with Intent (S.18)

    • Actus Reus: Same as GBH, either maliciously wounding or causing GBH.
    • Mens Rea: Specific intent; to cause GBH or to resist arrest.
      • Scenario Application: Prove intent. Consider the severity of the harm and the defendant's actions in relation to resisting arrest/violence.

    Defences

    • Potential Defences: Intoxication, self-defense, insanity, automatism, etc. Should be considered based on the specifics.

    Conclusion

    • Summarize: Draw concluding statements regarding potential offences and likely plea bargaining possibilities based on all incidents' analysis.

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    Description

    This quiz focuses on analyzing non-fatal offences against the person, guided by the common law and the Offences Against the Person Act 1861. Participants will evaluate the actus reus and mens rea elements and assess the likelihood of conviction for each offence scenario presented. It's an essential exercise for those studying criminal law.

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