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

    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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    Related Documents

    Non-Fatal Application Matrix PDF

    Description

    This quiz covers non-fatal offences against the person, focusing on assault and battery under common law and relevant statutes. It examines definitions, key cases, and defences, providing a comprehensive overview of the topic. Test your understanding of these legal concepts and their applications.

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