Podcast
Questions and Answers
Which of the following is NOT a necessary element for a charge of ABH?
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?
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]?
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'?
What is the legal definition of 'grievous bodily harm'?
Which case demonstrated that 'infliction' of GBH can include recklessness?
Which case demonstrated that 'infliction' of GBH can include recklessness?
In the case of [R v Halliday (1889)], what was the key factor in determining that the defendant had 'inflicted' GBH on his wife?
In the case of [R v Halliday (1889)], what was the key factor in determining that the defendant had 'inflicted' GBH on his wife?
Which of the following is NOT considered 'actual bodily harm'?
Which of the following is NOT considered 'actual bodily harm'?
What is the legal significance of the case of [DPP v Smith (1961)] with regards to ABH?
What is the legal significance of the case of [DPP v Smith (1961)] with regards to ABH?
What is the definition of 'wounding' in relation to ABH?
What is the definition of 'wounding' in relation to ABH?
According to the case of Chan Fook, what type of injury is insufficient for ABH?
According to the case of Chan Fook, what type of injury is insufficient for ABH?
In the case of JCC (A Minor) v Eisenhower, what did the court rule regarding an internal rupture of blood vessels?
In the case of JCC (A Minor) v Eisenhower, what did the court rule regarding an internal rupture of blood vessels?
What does the term "novus actus interveniens" refer to in the context of ABH?
What does the term "novus actus interveniens" refer to in the context of ABH?
What is the minimum level of injury required for a charge of ABH?
What is the minimum level of injury required for a charge of ABH?
Which of the following is NOT considered a valid factor in determining ABH?
Which of the following is NOT considered a valid factor in determining ABH?
Which of the following situations would likely NOT be considered ABH?
Which of the following situations would likely NOT be considered ABH?
What is the primary difference between ABH and GBH?
What is the primary difference between ABH and GBH?
Which of the following is NOT a valid definition of 'grievous bodily harm' in the context of s.18?
Which of the following is NOT a valid definition of 'grievous bodily harm' in the context of s.18?
What is the mens rea required for Actual Bodily Harm (ABH)?
What is the mens rea required for Actual Bodily Harm (ABH)?
Which case established that the mens rea for GBH includes proof of malicious intention?
Which case established that the mens rea for GBH includes proof of malicious intention?
In the context of GBH, what does 'maliciously' imply?
In the context of GBH, what does 'maliciously' imply?
What was the main finding in the case of R v Savage?
What was the main finding in the case of R v Savage?
What did DPP v A (2000) clarify regarding intent in physical harm cases?
What did DPP v A (2000) clarify regarding intent in physical harm cases?
What is NOT necessary to establish liability for GBH, according to the discussed cases?
What is NOT necessary to establish liability for GBH, according to the discussed cases?
Which statement correctly describes the interaction between assault and ABH?
Which statement correctly describes the interaction between assault and ABH?
Which of the following is a key aspect of the mens rea for ABH?
Which of the following is a key aspect of the mens rea for ABH?
What does section 18 of the Offences Against the Person Act 1861 primarily address?
What does section 18 of the Offences Against the Person Act 1861 primarily address?
What is the maximum sentence for an offence under section 18 of the Offences Against the Person Act 1861?
What is the maximum sentence for an offence under section 18 of the Offences Against the Person Act 1861?
Which of the following elements is required for proving an offence under section 18?
Which of the following elements is required for proving an offence under section 18?
Which of the following offences are classified as basic intent offences?
Which of the following offences are classified as basic intent offences?
In the context of section 18, what does 'maliciously wound' imply?
In the context of section 18, what does 'maliciously wound' imply?
Which of the following best describes the nature of offences under section 18?
Which of the following best describes the nature of offences under section 18?
How does intent play a role in differentiating s.18 from s.20 offences?
How does intent play a role in differentiating s.18 from s.20 offences?
To resist or prevent lawful apprehension or detention falls under which section?
To resist or prevent lawful apprehension or detention falls under which section?
What is the key difference between assault and battery?
What is the key difference between assault and battery?
Which of the following actions could constitute battery?
Which of the following actions could constitute battery?
What is the 'mens rea' of assault?
What is the 'mens rea' of assault?
How did the case of [DPP v Santana-Bermudez] demonstrate the concept of battery by omission?
How did the case of [DPP v Santana-Bermudez] demonstrate the concept of battery by omission?
What is the key point to consider when determining if battery by omission has occurred?
What is the key point to consider when determining if battery by omission has occurred?
What is the significance of the case of [R v Cunningham] in relation to the mens rea of assault?
What is the significance of the case of [R v Cunningham] in relation to the mens rea of assault?
Which of the following scenarios would NOT constitute battery?
Which of the following scenarios would NOT constitute battery?
Which of the following is the best example of battery by omission?
Which of the following is the best example of battery by omission?
Flashcards
Battery
Battery
Unlawful application of force to another person.
Assault
Assault
Causing someone to fear immediate unlawful force.
Mens Rea of Assault
Mens Rea of Assault
Intent or recklessness to cause fear of force.
Subjective Recklessness
Subjective Recklessness
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Omission in Battery
Omission in Battery
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Case: DPP v Santana-Bermudez
Case: DPP v Santana-Bermudez
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Unlawful Force
Unlawful Force
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Battery by Omission
Battery by Omission
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Actus Reus for ABH
Actus Reus for ABH
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Assault or Battery
Assault or Battery
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Infliction of GBH
Infliction of GBH
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Occasioning
Occasioning
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Chain of Causation
Chain of Causation
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Actual Bodily Harm
Actual Bodily Harm
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Novus Actus Interveniens
Novus Actus Interveniens
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Legal Cases Reference
Legal Cases Reference
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Actual Bodily Harm (ABH)
Actual Bodily Harm (ABH)
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Wounding
Wounding
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Case: Miller
Case: Miller
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Case: Moriarty v Brooks
Case: Moriarty v Brooks
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Case: JCC (A Minor) v Eisenhower
Case: JCC (A Minor) v Eisenhower
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Temporary Harm Definition
Temporary Harm Definition
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Causation in ABH
Causation in ABH
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CPS Charging Standards
CPS Charging Standards
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Mens Rea for ABH
Mens Rea for ABH
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Maliciously
Maliciously
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Roberts Case (1971)
Roberts Case (1971)
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R v Savage (1992)
R v Savage (1992)
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DPP v A (2000)
DPP v A (2000)
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Intent in Battery
Intent in Battery
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Physical Harm
Physical Harm
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R v Savage; DPP v Parmente
R v Savage; DPP v Parmente
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S.18 Offences Against the Person Act 1861
S.18 Offences Against the Person Act 1861
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Grievous Bodily Harm (GBH)
Grievous Bodily Harm (GBH)
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Mens Rea for S.18
Mens Rea for S.18
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Maximum Sentence for S.18
Maximum Sentence for S.18
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Specific Intent Crime
Specific Intent Crime
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Indictable Offence
Indictable Offence
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Basic Intent Offences
Basic Intent Offences
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Resisting Arrest in S.18
Resisting Arrest in S.18
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Actus Reus of s.18
Actus Reus of s.18
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Malicious Wounding
Malicious Wounding
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Causation in s.18
Causation in s.18
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Wound Definition
Wound Definition
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Inflict vs Cause
Inflict vs Cause
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No Novus Actus Interveniens
No Novus Actus Interveniens
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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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