non-fatal offences

• What is the maximum sentence for common assault under S39 CJA 1988?

  6 months or a fine
• How is common assault defined?

  It is a common law offence, not statutory
• What are the two ways of committing common assault?

  • Assault
  • Battery
• What constitutes assault according to Fagan v MPC 1969?

  Causing fear of immediate unlawful personal violence
• What must the victim do to establish assault?

  The victim must apprehend immediate unlawful violence
• What is the mens rea for assault?

  Intention or recklessness
• What was the outcome of Logdon v DPP 1976 regarding threatening behavior?

  The victim apprehended immediate physical violence
• What was the significance of R v Lamb 1967 in relation to apprehension?

  The victim did not believe the gun would fire
• How did Smith v Chief Superintendent, Working Police Station 1983 define immediate fear?

  A general apprehension of violence suffices
• Can words alone constitute an assault?

  Yes, as established in R v Constanza 1997
• What did Tuberville v Savage 1669 clarify about conditional threats?

  No assault if the threat cannot be carried out
• What is the mens rea for battery?

  Intent or recklessness in applying force
• What is the definition of battery?

  Actual use of unlawful force
• What is sufficient for battery according to Collins v Wilcock 1984?

  The merest touch will suffice
• What is the continuing act theory as per Fagan v MPC 1969?

  MR for battery can form during the act
• What constitutes actual bodily harm (ABH) under S47 OAPA 1861?

  Any assault causing actual bodily harm
• What did T v DPP 2003 establish regarding loss of consciousness?

  Loss of consciousness is ABH
• What is the mens rea for ABH?

  Intent or recklessness to cause ABH
• What is the difference between S20 and S18 under OAPA 1861?

  S18 requires intent to cause GBH
• What does S20 OAPA 1861 state about wounding?

  Wounding requires breaking the skin
• What is the mens rea for S20 OAPA 1861?

  Intent or recklessness in inflicting injury
• What are the key criticisms of non-fatal offences?

  • Confusion due to different acts
  • Vague definitions in S47
  • Difficulty distinguishing ABH and GBH
  • Inconsistent sentencing for similar offences
  • Outdated definitions from 1861
• What is the significance of the recommendation to increase S20's maximum sentence?

  It addresses fairness in sentencing for GBH
• What does the term 'maliciously' mean in the context of S20?

  It means intent or recklessness
• What is the actus reus for S18 OAPA 1861?

  Requires proof of a wound or GBH
• What is the mens rea for S18 OAPA 1861?

  Intent to cause GBH or wound
• How does S20 differ from S18 in terms of the actus reus?

  S20 must be committed on another person
• What is the significance of the CPS's Joint Charging Standard?

  It identifies examples of serious injuries