Non-fatal offences against the person

• Why are the offences termed as "non-fatal"?

  they do not kill V
• What are the 5 main non-fatal offences?

  Assault

  Battery

  Actual bodily harm

  wounding or inflicting grievous bodily harm

  wounding or causing GBH with intent
• What two offences are Common Law offences?

  Assault and Battery
• What is another term for Assault and Battery?

  Common assault
• What section refers to actual bodily harm?

  s.47
• What section refers to wounding or inflicting grievous bodily harm?

  s.20
• What section refers to wounding and causing grievous bodily harm with intent?

  s.18
• What Act are the three offences (not common assault) defined in?

  Offences Against the Person Act (OAPA) 1861
• What is the maximum sentence for Assault and Battery?

  Up to 6 months' imprisonment
• What is the maximum sentence for assault occasioning ABH?

  Up to 5 years imprisonment
• What is the maximum sentence for Malicious wounding or inflicting GBH?

  Up to 5 years of imprisonment
• What is the maximum sentence for Wounding or causing GBH with intent?

  Up to life imprisonment
• What does apprehend mean?

  V expects violence to take place
• The threat must be of what violence?

  immediate
• Is a threat to inflict harm in the future an assault?

  No
• What are the two components that make up the actus Reus of Assault?

  Actions or words

  which cause V to apprehend immediate unlawful force
• What are the two possible definitions of the Mens rea of Assault?

  intentionally causing V to apprehend immediate unlawful force.

  Recklessly causing V to apprehend immediate unlawful force.
• What is the actus reus of Battery?

  Applying unlawful force to another person
• What was decided in Collins v Wilcock about force?

  any touching of another person, however slight, may amount to a battery.
• Touching someone's clothes while they are wearing them is equivalent to touching the person
• Battery can be committed by an indirect act such as a booby trap
• An omission can form a battery
• What case involved D putting acid in a hand drier?

  DPP v K
• What are the two mens rea definitions for battery?

  intentionally applying unlawful force to V

  Recklessly applying unlawful force to V
• Assault and battery are defined in Common Law but charged under s.39 Criminal Justice Act 1988.
• What is the Actus Reus of Assault occasioning Actual Bodily Harm?

  Assault or Battery

  Which causes Actual Bodily Harm
• In Miller, how was ABH defined?

  any hurt or injury calculated to interfere with health or comfort.
• What two things (apart from injury to skin, flesh and bones) amounts to ABH?

  cutting off V's ponytail, and momentary loss of consciousness
• What is the Mens Rea of Assualt occasioning Actual Bodily Harm?

  Intentionally or recklessly causing V to apprehend immediate unlawful force

  Intentionally or recklessly applying unlawful force to V.
• What does wounding mean?

  breaking the skin, not internal bleeding
• What would not amount to a wound?

  an abrasion, bruise or burn would not amount to a wound because the skin is not broken
• What is the actus reus of Maliciously wounding or inflicting GBH?

  Wounding or Inflicting Grievous Bodily Harm
• "Grievous Bodily Harm" was defined in DPP v Smith as serious harm
• Give three examples of Grievous Bodil Harm

  Broken limbs

  Dislocations

  Permanent disability
• What is the mens rea of Maliciously wounding or inflicting Grievous Bodily Harm?

  Intentionally causing some harm OR

  Recklessly causing some harm
• What is the Actus Reus of Wounding or causing Grievous Bodily Harm with intent?

  Wounding OR

  Causes Grievous Bodily Harm
• What is the Mens Rea of Wounding or causing Grievous Bodily Harm with intent?

  Intention to cause GBH OR

  Intention to resist arrest
• What case refers to wounding (breaking two layers of skin)?

  Eisenhower
• What case refers to GBH (Serious harm)?

  DPP v Smith
• What happened in Smith v Woking Police?

  D entered a garden at night and looked at V through the window.