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Questions and Answers
The majority of offences do not result in ______.
The majority of offences do not result in ______.
death
The law on non-fatal offences is contained in ______ (for assault and battery) but also the Offences Against the Person Act 1861 (OAP Act).
The law on non-fatal offences is contained in ______ (for assault and battery) but also the Offences Against the Person Act 1861 (OAP Act).
common law
The ______ of assault is any act which causes the victim to apprehend the immediate infliction of violence.
The ______ of assault is any act which causes the victim to apprehend the immediate infliction of violence.
actus reus
The Criminal Justice Act 1988 s.39 provides that assault is a ______ offence.
The Criminal Justice Act 1988 s.39 provides that assault is a ______ offence.
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Assault has a maximum sentence of 6 months ______ or a fine.
Assault has a maximum sentence of 6 months ______ or a fine.
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S.39 of the Criminal Justice Act 1988 provides that battery is a ______ offence.
S.39 of the Criminal Justice Act 1988 provides that battery is a ______ offence.
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Battery has a maximum sentence of six months' ______ or a fine.
Battery has a maximum sentence of six months' ______ or a fine.
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Though assault and battery are two separate and distinct offences they can sometimes be charged together as '______ assault'.
Though assault and battery are two separate and distinct offences they can sometimes be charged together as '______ assault'.
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The ______ of battery is the application of unlawful physical force on another.
The ______ of battery is the application of unlawful physical force on another.
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In ______ v Wilcock, it was held that a certain amount of physical force happens in daily life.
In ______ v Wilcock, it was held that a certain amount of physical force happens in daily life.
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The case of ______ v ______ involved a defendant who made silent telephone calls to the victim.
The case of ______ v ______ involved a defendant who made silent telephone calls to the victim.
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______ v ______ involved a defendant who sent threatening letters to the victim, even though they were not immediately threatening.
______ v ______ involved a defendant who sent threatening letters to the victim, even though they were not immediately threatening.
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In Tuberville v ______, the defendant's words were meant to take away liability for an assault.
In Tuberville v ______, the defendant's words were meant to take away liability for an assault.
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In ______ v DPP, the defendant punched a woman, causing her to drop her baby. This was held to be indirect battery of the child.
In ______ v DPP, the defendant punched a woman, causing her to drop her baby. This was held to be indirect battery of the child.
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In ______ v Metropolitan Police Commissioner, the force was applied indirectly by the car driving on to the officer's foot.
In ______ v Metropolitan Police Commissioner, the force was applied indirectly by the car driving on to the officer's foot.
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The case of ______ established that touching the hem of a girl's skirt was akin to touching her.
The case of ______ established that touching the hem of a girl's skirt was akin to touching her.
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The ______ of battery is intention or subjective recklessness to apply unlawful force.
The ______ of battery is intention or subjective recklessness to apply unlawful force.
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If someone is ______ from behind, this will still constitute battery.
If someone is ______ from behind, this will still constitute battery.
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The application of unlawful force, as described in the scenario, might be considered ______ because the defendant's actions could have been reasonably anticipated to result in the victim apprehending the immediate application of unlawful force.
The application of unlawful force, as described in the scenario, might be considered ______ because the defendant's actions could have been reasonably anticipated to result in the victim apprehending the immediate application of unlawful force.
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The ______ is the guilty act or conduct element of an offense. In this scenario, the application of unlawful force would constitute the actus reus of battery.
The ______ is the guilty act or conduct element of an offense. In this scenario, the application of unlawful force would constitute the actus reus of battery.
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In this case, [name of victim] apprehends the ______ infliction of force as (e.g. [name of defendant] [bring in facts e.g.threatens them with a knife, raises a fist to punch them, scares them by jumping out in front of them.....etc]).
In this case, [name of victim] apprehends the ______ infliction of force as (e.g. [name of defendant] [bring in facts e.g.threatens them with a knife, raises a fist to punch them, scares them by jumping out in front of them.....etc]).
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Unlike assault, a battery can be committed by ______ where there is a duty to act.
Unlike assault, a battery can be committed by ______ where there is a duty to act.
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The defendant in this case might not have intended to cause the victim to apprehend the immediate application of unlawful force, but they could be said to have ______ the consequences of their actions.
The defendant in this case might not have intended to cause the victim to apprehend the immediate application of unlawful force, but they could be said to have ______ the consequences of their actions.
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The ______ of the victim apprehending force by the actions of the defendant is a crucial factor in establishing the element of assault.
The ______ of the victim apprehending force by the actions of the defendant is a crucial factor in establishing the element of assault.
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The ______ of assault, as defined in the case of R v Savage, Parmenter (1992), is that the defendant must have either intended to cause the victim to fear the infliction of immediate and unlawful force, or must have seen the risk that such fear would be created.
The ______ of assault, as defined in the case of R v Savage, Parmenter (1992), is that the defendant must have either intended to cause the victim to fear the infliction of immediate and unlawful force, or must have seen the risk that such fear would be created.
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In the case of DPP v Santana Bermudez, the defendant was asked by a police officer searching him whether he had any 'needles or ______' on him.
In the case of DPP v Santana Bermudez, the defendant was asked by a police officer searching him whether he had any 'needles or ______' on him.
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To establish the mens rea for battery, it is crucial to determine if the defendant intended to apply ______ on the victim.
To establish the mens rea for battery, it is crucial to determine if the defendant intended to apply ______ on the victim.
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The force [______ or ______ not] been directly applied because......
The force [______ or ______ not] been directly applied because......
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If the defendant's actions were considered ______, it could be argued that they did not intend to harm the victim, but they should have been aware of the possible consequences.
If the defendant's actions were considered ______, it could be argued that they did not intend to harm the victim, but they should have been aware of the possible consequences.
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In this case, [name of defendant] ______ to cause [name of victim] to fear the infliction of immediate and unlawful force.
In this case, [name of defendant] ______ to cause [name of victim] to fear the infliction of immediate and unlawful force.
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The case of ______ confirms that the mens rea of battery is intention or subjective recklessness to apply unlawful force.
The case of ______ confirms that the mens rea of battery is intention or subjective recklessness to apply unlawful force.
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Contrast this with assault where the victim must fear the ______ of unlawful force and so therefore must be aware of it.
Contrast this with assault where the victim must fear the ______ of unlawful force and so therefore must be aware of it.
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In order to prove a charge of GBH with intention under s.18, the prosecution must establish both the ______ reus and the mens rea of the offence.
In order to prove a charge of GBH with intention under s.18, the prosecution must establish both the ______ reus and the mens rea of the offence.
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The defendant's intent to cause serious harm is an example of ______ rea, while the act of causing the harm itself is the ______ reus.
The defendant's intent to cause serious harm is an example of ______ rea, while the act of causing the harm itself is the ______ reus.
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A defendant may be found liable for GBH with intention even if they intended to cause harm to a different person, due to the principle of ______ malice.
A defendant may be found liable for GBH with intention even if they intended to cause harm to a different person, due to the principle of ______ malice.
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When considering defences to a charge of GBH with intention, the court may consider factors like intoxication, self-defence, ______ or automatism.
When considering defences to a charge of GBH with intention, the court may consider factors like intoxication, self-defence, ______ or automatism.
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In many cases, a plea bargain may be reached between the prosecution and the defendant, potentially resulting in a lesser charge or a reduced ______ .
In many cases, a plea bargain may be reached between the prosecution and the defendant, potentially resulting in a lesser charge or a reduced ______ .
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The key difference between s.20 and s.18 is that s.18 can only be proved with ______ (direct or oblique), whereas s.20 can be established with recklessness or intention to cause some harm.
The key difference between s.20 and s.18 is that s.18 can only be proved with ______ (direct or oblique), whereas s.20 can be established with recklessness or intention to cause some harm.
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The mens rea of s.18 has two aspects: First, the defendant must '______' wound or cause grievous bodily harm.
The mens rea of s.18 has two aspects: First, the defendant must '______' wound or cause grievous bodily harm.
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Secondly, the defendant must have specific ______ to either cause grievous bodily harm to the victim or to resist or prevent the lawful apprehension or detainer of any person.
Secondly, the defendant must have specific ______ to either cause grievous bodily harm to the victim or to resist or prevent the lawful apprehension or detainer of any person.
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S.18 is a specific ______ offence.
S.18 is a specific ______ offence.
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The mens rea of s.18 requires ______ to maliciously cause grievous bodily harm.
The mens rea of s.18 requires ______ to maliciously cause grievous bodily harm.
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The mens rea of s. 18 has two aspects: First, the defendant must 'maliciously' wound or cause grievous bodily harm. Secondly, the defendant must have specific intent to either cause grievous bodily harm to the victim or to resist or prevent the ______ apprehension or detainer of any person.
The mens rea of s. 18 has two aspects: First, the defendant must 'maliciously' wound or cause grievous bodily harm. Secondly, the defendant must have specific intent to either cause grievous bodily harm to the victim or to resist or prevent the ______ apprehension or detainer of any person.
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S.18 is a specific intent offence (as required by R v Belfon (1976)) and requires ______ to maliciously cause grievous bodily harm.
S.18 is a specific intent offence (as required by R v Belfon (1976)) and requires ______ to maliciously cause grievous bodily harm.
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The mens rea of s.18 reflects the ______ of the injuries and culpability of the defendant.
The mens rea of s.18 reflects the ______ of the injuries and culpability of the defendant.
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Study Notes
Non-Fatal Offences Against the Person
- Majority of offences do not result in death
- 5 non-fatal offences against the person require consideration:
- Assault (common law)
- Battery (common law)
- Offences Against the Person Act 1861 (OAP Act)
Assault
- Actus Reus: Any act that causes the victim to apprehend the immediate infliction of violence. Examples include raising a fist, pointing a gun or threatening someone. It also includes silent telephone calls and threatening letters/ communications
- Mens Rea: Intention to cause the victim to fear the immediate application of unlawful force, or recklessness as to the risk of that fear being created.
- Subjective recklessness: The defendant foresaw the risk that the victim would fear the immediate application of unlawful force.
Battery
- Actus Reus: Any unlawful application of physical force on another.
- Includes a range of physical contact, even touch can amount to battery.
- Mens Rea: Intention to apply unlawful physical force, or recklessness as to the risk of that force.
Actus Reus of Assault and Battery
- Not always direct.
- Can be indirect, e.g., as in Fagan where defendant drove car onto officer's foot.
- Immediate threat is crucial for assault (Collins v Wilcock)
- Physical contact of any kind can be judged as battery; for example, touching the hem of a girl's skirt was deemed to be battery in Thomas.
Mens Rea and Actus Reus (Assault and Battery)
- Consider if there was an application of unlawful force
- Determine if there was an intention to apply force
- Assess whether an apprehension of immediate force (Assault) or the infliction of force (Battery) was reasonable
Charging Decisions
- CPS charging standards aim for consistency
- Defences (e.g., intoxication, automatism, self-defence) to be considered
S.47 Offences Against the Person Act 1861 - ABH
- Offence to commit an assault occasioning actual bodily harm (ABH)
- Means "to bring about or cause"
- ABH can involve either assault or battery
- Harm must be more than merely transient or trifling
- Includes acts like cutting someone's hair, the definition of actual bodily harm.
S.20 Offences Against the Person Act 1861 - GBH
- Maliciously inflicting grievous bodily harm (GBH) or wounding a person
- GBH: Really serious harm (DPP v Smith)
- Can be proved by either inflicting grievous bodily harm or wounding a person
S.18 Offences Against the Person Act 1861 - GBH with intent
- Intending to maliciously wound or cause grievous bodily harm (GBH)
Defences
- Consider possible defences : intoxication, self-defence (ex. to avoid arrest), insanity, automatism, etc.
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Description
This quiz covers the key concepts and legislation related to non-fatal offences in criminal law, specifically focusing on assault and battery. Test your knowledge on definitions, legal frameworks, and case law pertaining to these offences. Ideal for students studying criminal law or related disciplines.
