NON-FATAL OFFENCES AGAINST THE PERSON REVISION WORKSHEET by tomatoefries

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									Asif Tufal
 

          NON-FATAL OFFENCES AGAINST THE PERSON
                             REVISION WORKSHEET


The following icons are used in this worksheet to indicate: 
 
        Fill‐in the blanks; 
        Give a case name or statute; 
        Delete the incorrect answer(s); 
        A short answer question or task; and 
        True or false; or guilty or not guilty. 
 
 


Match the five offences with the correct section number and statute:

               Offence                   Section                      Statute

Common law assault;                      33

Common law battery;                      39              Offences Against the Person Act
                                                     1861/1868/1957
Assault occasioning ABH;                 18

Maliciously wounding or inflicting 17
GBH;                                                   Criminal Justice Act 1969/1988/1958
                                         47
Maliciously wounding or causing
                                         20
GBH with intent.




1.      COMMON ASSAULT




Actus Reus

     The actus reus of assault was traditionally regarded as any ______ which caused the
victim to ___________ the ___________ infliction of violence. Explain if this was the
position in the following cases:



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                                                                Reason

In ________________, the defendant, as
a joke, pointed a gun at the victim who was
terrified until she was told that it was in fact
a replica.




In ________________, the defendant
pointed a loaded gun at the victim, in jest.
The victim was not alarmed. Because they
did not understand how a revolver works,
both thought there was no danger in pulling
the trigger. However, the barrel rotated and
the victim was killed.

In ________________, the defendant
had terrified a woman occupying a ground
floor flat by staring in through the windows
at her.




In ________________, the defendant
had stalked his victim which included
sending letters, some of which were
threatening in nature.




In ________________, the defendant
made silent phone calls to three women.




However, actions can be cancelled by words, according to   _________________.

An assault can now be committed by words, according to     ______________.




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Mens Rea

The mens rea is fulfilled if the defendant i______________ or r____________ caused
the victim to apprehend the immediate infliction of harm. This was stated in   ________,
where the defendant had struggled with policemen trying to arrest him and kicked one of
them, fracturing the victim’s hand.




2.      COMMON LAW BATTERY




Actus Reus

     The actus reus of battery is ____________ applying ____________ _______ to
another person. Explain how this was the situation in:

                                                                    Reason

In _________________ a policewoman
grabbed a prostitute’s arm in order to stop her
walking away, but without having arrested
her.     The prostitute then scratched the
policewoman’s arm and was charged with
assault.

In _____________, the defendant punched
a woman who dropped her child.




Mens Rea

     The mens rea is the same as for common law assault.




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3.       ASSAULT OCCASIONING ACTUAL BODILY HARM




Actus Reus

     Assault means …

     Occasioning means …

     Briefly explain how harm was occasioned in:

         Roberts –



         Constanza –



         Ireland –



     ABH stands for __________ __________ ____________

     According to    ________________, it means injury to …




The meaning of ABH was recently further extended in       ____________, where the
defendant assaulted his former partner and cut off …




Mens Rea

     The mens rea of the s47 offence is the mens rea of _________ _________ only (ie,
i_________ or r__________). No mens rea is required for actual bodily harm, simply a
__________ link between the __________ and the _______ suffered.            This was
decided by the House of Lords in       _________________________ (see below, under
the s20 offence).




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4.       MALICIOUSLY WOUNDING OR INFLICTING G.B.H.




Actus Reus

     Wounding means …

This is according to    ______________ where the defendant …




Inflicting means ____________, either d__________ or i___________.

     How was GBH caused in the theatre in    ______________?




GBH stands for      grevious/grievous/grievious bodily harm.

It means …

According to the House of Lords in          ___________(a murder case). It can also be
______________ injury of a serious nature supported by expert evidence, as stated in
____________. It can also be biological injury as in     ___________.




Mens Rea

     According to   _____________, what does “maliciously” mean?




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     Were the following defendants guilty under s20? Explain why or why not.

                                                                         Reason

In ______________, the prosecution
alleged that the defendant had approached
the victim and thrown the contents of a glass
of beer at her, and that she had let go of the
glass which broke, with the result that the
victim suffered cuts. She admitted that it had
been her intention to throw the beer over the
victim but denied any intention to cut her
with the glass.

In ______________, the defendant had
caused injury to his young baby by tossing
him about in a way which would have been
acceptable with an older child, but not with
one so young. He did not realise that he
might cause harm by this action.




5.       MALICIOUSLY WOUNDING OR CAUSING GBH WITH INTENT




Actus Reus

      The actus reus of these offences is the same as for s20 (above).




Mens Rea

     There are two elements to the mens rea. First, the defendant must ______________
wound or cause GBH. Secondly, the defendant must have an intent to either …




This was made clear by the Court of Appeal in cases such as              ___________ and
_____________.




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    According to the CPS Charging Standards, factors which may indicate a specific intent to
do GBH for s18 include:




THE CPS CHARGING STANDARDS

    According to this document, under which sections will the following groups of injuries be
charged?

Section …                         Section …                    Section …

permanent disability or loss      a graze,                     loss or breaking of a tooth or
of a sensory function;                                         teeth;
                                  scratch,
more than minor permanent                                      temporary loss of sensory
visible disfigurement;            abrasion,                    functions;

broken or displaced limbs or      bruise (including a ‘black   extensive or multiple
bones;                            eye’),                       bruising;

injuries causing substantial      swelling,                    displaced broken nose;
loss of blood (ie necessitating
                                  reddening of the skin or     minor fractures;
a transfusion); and
                                  a superficial cut.           cuts requiring stitches; and
injury resulting in lengthy
treatment or incapacitation.
                                                               psychiatric injury which goes
                                                               beyond fear and panic,
                                                               supported by appropriate
                                                               expert evidence.




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