Non-Fatal Offences in Criminal Law

The majority of offences do not result in ______.

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 ______ of assault is any act which causes the victim to apprehend the immediate infliction of violence.

The Criminal Justice Act 1988 s.39 provides that assault is a ______ offence.

Assault has a maximum sentence of 6 months ______ or a fine.

S.39 of the Criminal Justice Act 1988 provides that battery is a ______ offence.

Battery has a maximum sentence of six months' ______ or a fine.

Though assault and battery are two separate and distinct offences they can sometimes be charged together as '______ assault'.

The ______ of battery is the application of unlawful physical force on another.

In ______ v Wilcock, it was held that a certain amount of physical force happens in daily life.

The case of ______ v ______ involved a defendant who made silent telephone calls to the victim.

______ v ______ involved a defendant who sent threatening letters to the victim, even though they were not immediately threatening.

In Tuberville v ______, the defendant's words were meant to take away liability for an assault.

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 Metropolitan Police Commissioner, the force was applied indirectly by the car driving on to the officer's foot.

The case of ______ established that touching the hem of a girl's skirt was akin to touching her.

The ______ of battery is intention or subjective recklessness to apply unlawful force.

If someone is ______ from behind, this will still constitute battery.

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 ______ 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.

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]).

Unlike assault, a battery can be committed by ______ where there is a duty to act.

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 ______ of the victim apprehending force by the actions of the defendant is a crucial factor in establishing the element of assault.

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.

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.

To establish the mens rea for battery, it is crucial to determine if the defendant intended to apply ______ on the victim.

The force [______ or ______ not] been directly applied because......

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.

In this case, [name of defendant] ______ to cause [name of victim] to fear the infliction of immediate and unlawful force.

The case of ______ confirms that the mens rea of battery is intention or subjective recklessness to apply unlawful force.

Contrast this with assault where the victim must fear the ______ of unlawful force and so therefore must be aware of it.

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.

The defendant's intent to cause serious harm is an example of ______ rea, while the act of causing the harm itself is the ______ reus.

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.

When considering defences to a charge of GBH with intention, the court may consider factors like intoxication, self-defence, ______ or automatism.

In many cases, a plea bargain may be reached between the prosecution and the defendant, potentially resulting in a lesser charge or a reduced ______ .

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 mens rea of s.18 has two aspects: First, the defendant must '______' wound or cause grievous bodily harm.

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.

S.18 is a specific ______ offence.

The mens rea of s.18 requires ______ to maliciously cause grievous bodily harm.

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.

S.18 is a specific intent offence (as required by R v Belfon (1976)) and requires ______ to maliciously cause grievous bodily harm.

The mens rea of s.18 reflects the ______ of the injuries and culpability of the defendant.