Non-Fatal Offences Against the Person

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Questions and Answers

Which of the following is NOT a necessary element for a charge of ABH?

  • Occasioning actual bodily harm
  • Actual bodily harm
  • Infliction of grievous bodily harm (correct)
  • Assault or battery

What is the meaning of 'occasioning' in the context of ABH?

  • Intentionally causing harm
  • Being present at the scene of the crime
  • Having a motive for the assault
  • Causing harm to occur (correct)

What is the significance of the case of [R v Roberts]?

  • It narrowed the definition of 'grievous' to only include serious physical injury.
  • It illustrated the importance of establishing a chain of causation for ABH. (correct)
  • It defined 'infliction' as meaning recklessness.
  • It established that ABH can include psychological harm.

What is the legal definition of 'grievous bodily harm'?

<p>Really serious harm (A)</p> Signup and view all the answers

Which case demonstrated that 'infliction' of GBH can include recklessness?

<p>“[Dica (2004)]” (B)</p> Signup and view all the answers

In the case of [R v Halliday (1889)], what was the key factor in determining that the defendant had 'inflicted' GBH on his wife?

<p>The defendant's actions directly caused the wife's injuries (C)</p> Signup and view all the answers

Which of the following is NOT considered 'actual bodily harm'?

<p>A minor cut (B)</p> Signup and view all the answers

What is the legal significance of the case of [DPP v Smith (1961)] with regards to ABH?

<p>It ruled that cutting someone's hair could constitute 'actual bodily harm'. (C)</p> Signup and view all the answers

What is the definition of 'wounding' in relation to ABH?

<p>A break in the continuity of the skin, affecting both the dermis and epidermis. (D)</p> Signup and view all the answers

According to the case of Chan Fook, what type of injury is insufficient for ABH?

<p>An injury that is transient or trifling. (C)</p> Signup and view all the answers

In the case of JCC (A Minor) v Eisenhower, what did the court rule regarding an internal rupture of blood vessels?

<p>It was not considered sufficient for a charge of wounding. (C)</p> Signup and view all the answers

What does the term "novus actus interveniens" refer to in the context of ABH?

<p>A new injury that breaks the chain of causation. (D)</p> Signup and view all the answers

What is the minimum level of injury required for a charge of ABH?

<p>An injury that interferes with health or comfort, and is more than transient or trifling. (A)</p> Signup and view all the answers

Which of the following is NOT considered a valid factor in determining ABH?

<p>The defendant's previous convictions. (C)</p> Signup and view all the answers

Which of the following situations would likely NOT be considered ABH?

<p>A severe verbal assault resulting in emotional distress. (A)</p> Signup and view all the answers

What is the primary difference between ABH and GBH?

<p>ABH involves an injury that interferes with health or comfort, while GBH involves an injury that causes grievous bodily harm. (B)</p> Signup and view all the answers

Which of the following is NOT a valid definition of 'grievous bodily harm' in the context of s.18?

<p>Any injury that is not easily remedied. (D)</p> Signup and view all the answers

What is the mens rea required for Actual Bodily Harm (ABH)?

<p>Malicious intention or subjective recklessness (B)</p> Signup and view all the answers

Which case established that the mens rea for GBH includes proof of malicious intention?

<p>Mowatt (1967) (D)</p> Signup and view all the answers

In the context of GBH, what does 'maliciously' imply?

<p>It means to cause harm intentionally (B)</p> Signup and view all the answers

What was the main finding in the case of R v Savage?

<p>Mens rea for battery suffices for ABH (C)</p> Signup and view all the answers

What did DPP v A (2000) clarify regarding intent in physical harm cases?

<p>Only the intent to cause some harm is needed (D)</p> Signup and view all the answers

What is NOT necessary to establish liability for GBH, according to the discussed cases?

<p>The defendant's foresight of severe harm (C)</p> Signup and view all the answers

Which statement correctly describes the interaction between assault and ABH?

<p>Both require mens rea similar to battery (D)</p> Signup and view all the answers

Which of the following is a key aspect of the mens rea for ABH?

<p>Intention or recklessness to apply unlawful force (C)</p> Signup and view all the answers

What does section 18 of the Offences Against the Person Act 1861 primarily address?

<p>Grievous bodily harm with intent. (D)</p> Signup and view all the answers

What is the maximum sentence for an offence under section 18 of the Offences Against the Person Act 1861?

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

Which of the following elements is required for proving an offence under section 18?

<p>Proving intention. (B)</p> Signup and view all the answers

Which of the following offences are classified as basic intent offences?

<p>S.47 and S.20 offences. (B)</p> Signup and view all the answers

In the context of section 18, what does 'maliciously wound' imply?

<p>Inflicting harm with the intent to cause grievous bodily harm. (A)</p> Signup and view all the answers

Which of the following best describes the nature of offences under section 18?

<p>They are indictable offences with severe penalties. (C)</p> Signup and view all the answers

How does intent play a role in differentiating s.18 from s.20 offences?

<p>S.20 requires recklessness, while s.18 requires intention. (A)</p> Signup and view all the answers

To resist or prevent lawful apprehension or detention falls under which section?

<p>S.18 (D)</p> Signup and view all the answers

What is the key difference between assault and battery?

<p>Assault requires the victim to fear the application of unlawful force, while battery requires the application of unlawful force itself. (C)</p> Signup and view all the answers

Which of the following actions could constitute battery?

<p>All of the above. (D)</p> Signup and view all the answers

What is the 'mens rea' of assault?

<p>The defendant must have intentionally caused the victim to fear unlawful force. (A)</p> Signup and view all the answers

How did the case of [DPP v Santana-Bermudez] demonstrate the concept of battery by omission?

<p>The defendant's failure to inform the police officer of the needle resulted in her being pricked. (B)</p> Signup and view all the answers

What is the key point to consider when determining if battery by omission has occurred?

<p>Whether the defendant had a duty to act and their failure to act resulted in unlawful force being applied. (D)</p> Signup and view all the answers

What is the significance of the case of [R v Cunningham] in relation to the mens rea of assault?

<p>It introduced the concept of subjective recklessness, making the defendant liable if they were aware of a risk of causing fear. (D)</p> Signup and view all the answers

Which of the following scenarios would NOT constitute battery?

<p>A person pushes another out of the way accidentally, causing them to fall. (A)</p> Signup and view all the answers

Which of the following is the best example of battery by omission?

<p>A person failing to warn another person about a dangerous object. (B)</p> Signup and view all the answers

Flashcards

Battery

Unlawful application of force to another person.

Assault

Causing someone to fear immediate unlawful force.

Mens Rea of Assault

Intent or recklessness to cause fear of force.

Subjective Recklessness

Knowing the risk of creating fear but acting anyway.

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Omission in Battery

Failing to act when there's a duty can lead to battery.

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Case: DPP v Santana-Bermudez

Omission led to unintentional harm through negligence.

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Unlawful Force

Force used without legal justification or consent.

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Battery by Omission

Applying harmful force through inaction when obligated.

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Actus Reus for ABH

The physical act needed to prove actual bodily harm in law.

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Assault or Battery

An act causing victim to fear immediate unlawful force or applying such force.

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Infliction of GBH

Causing 'really serious harm' to a victim as per legal standards.

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Occasioning

The requirement for the assault or battery to cause actual bodily harm.

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Chain of Causation

Connection needed between the defendant's act and the resulting harm.

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Actual Bodily Harm

Includes physical or psychological injuries inflicted on a victim.

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Novus Actus Interveniens

A new act that breaks the chain of causation, absolving liability.

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Legal Cases Reference

Court rulings that clarify definitions and applications of ABH.

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Actual Bodily Harm (ABH)

Harm that interferes with health or comfort, more than transient.

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Wounding

A wound requires a break in the continuity of skin layers.

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Case: Miller

Clarified that ABH includes injuries affecting health or comfort.

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Case: Moriarty v Brooks

Both dermis and epidermis must be broken for wounding.

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Case: JCC (A Minor) v Eisenhower

Internal rupture without outer break not considered wounding.

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Temporary Harm Definition

Injuries must be more than 'transient or trifling' to count as ABH.

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Causation in ABH

No intervening act can break the chain of causation in ABH cases.

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CPS Charging Standards

ABH injuries are sometimes classified under GBH for charging.

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Mens Rea for ABH

The mental state required for actual bodily harm, same as assault or battery.

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Maliciously

To act with intention or subjective recklessness in causing harm.

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Roberts Case (1971)

Confirmed that no extra mens rea is needed for ABH beyond assault.

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R v Savage (1992)

Established intent for battery is sufficient for ABH, even if harm is accidental.

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DPP v A (2000)

Clarified that foresight of some harm is enough for establishing guilt in ABH.

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Intent in Battery

Purpose or recklessness to apply unlawful force is sufficient for ABH.

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Physical Harm

Any harm, no matter how minor, can establish liability for ABH.

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R v Savage; DPP v Parmente

Leading case confirming that intent for battery suffices for ABH.

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S.18 Offences Against the Person Act 1861

A law making it an offence to maliciously wound or cause grievous bodily harm with intent.

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Grievous Bodily Harm (GBH)

Severe physical injury inflicted on another person, often with intent.

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Mens Rea for S.18

The intention required to prove a crime under S.18, specifically malicious intent.

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Maximum Sentence for S.18

The highest penalty for S.18 offences is life imprisonment due to their severity.

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Specific Intent Crime

A crime that requires intention to commit, such as S.18.

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Indictable Offence

A serious crime that can be tried in a higher court, like S.18.

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Basic Intent Offences

Crimes that can be proven through intent or recklessness, like S.20 and S.47.

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Resisting Arrest in S.18

An element of S.18 where one may cause harm while preventing lawful detention.

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Actus Reus of s.18

The physical act required to prove a s.18 offense, either maliciously wounding or causing grievous bodily harm.

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Malicious Wounding

Intentionally causing a wound or injury to another person, part of actus reus for s.18.

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Causation in s.18

Establishing a clear link between the defendant’s act and the resulting harm without interruption.

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Wound Definition

A wound must involve breaking the continuity of skin layers as per law.

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Inflict vs Cause

In legal terms, 'cause' is different from 'inflict', focusing on the action that leads to harm.

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No Novus Actus Interveniens

A principle that confirms no new act interrupts the original chain of causation in s.18 cases.

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Study Notes

Non-Fatal Offences Against the Person

  • The majority of offences do not involve death.
  • 5 non-fatal offences against the person are considered.
  • Common law and the Offences Against the Person Act 1861 (OAP Act) govern non-fatal offences.
  • CPS charging standards aim for consistent decisions.
  • Defences, such as intoxication, automatism, and self-defense, are considered.

Assault

  • Assault is a common law offence.
  • The Criminal Justice Act 1988, section 39, defines assault as a summary offence, with a maximum penalty of 6 months imprisonment or a fine.
  • The actus reus of assault is any action causing the victim to reasonably fear immediate violence (e.g., raising a fist, pointing a gun, threatening).
  • Collins v Wilcock: Illustrates a certain amount of physical contact is acceptable in daily life.
  • R v Ireland and Burstow, Constanza: Silent phone calls and threatening letters can constitute assault.

Battery

  • Battery is also a common law offence.
  • The Criminal Justice Act 1988, section 39, defines battery as a summary offence, with a maximum penalty of 6 months imprisonment or a fine.
  • The actus reus of battery is the application of unlawful physical force to another (e.g., hitting someone).
  • Collins v Wilcock: Unlawful physical force is distinct from everyday contact.
  • Touching someone's hem/skirt constitutes battery.
  • DPP v Santana-Bermudez: Omission to inform of a risk constitutes battery.

Assault and Battery Together

  • Assault and battery are separate offences but can be charged together.

Actus Reus and Mens Rea

  • Actus Reus (Action): First, define the action, then apply to the scenario.
  • Mens Rea (Mental Element): Next, analyze the defendant's intent. Conclude on the probability of a conviction. Move to the next incident.

Further Offences:

  • Actual Bodily Harm (ABH):
    • Serious, but not grievous, harm.
    • Actus reus: Assault or battery causing actual bodily harm.
    • Mens rea: Intention or subjective recklessness.
    • Max sentence = 5 years imprisonment
  • Grievous Bodily Harm (GBH):
    • Significant harm.
    • Actus reus: Maliciously wounding or causing GBH.
    • Mens rea: Intention (direct or oblique).
    • Max sentence = 5 years imprisonment
  • GBH with intent:
    • Maliciously wounding or causing GBH to another or resisting arrest.
    • Mens rea: Intention
    • Max penalty = Life imprisonment

Defences

  • Potential defences like intoxication, self-defense, etc., are to be considered.

Transfered Malice

  • The issue of transferred malice might be relevant, where harm was intended for A but inflicted on B.

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