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Topic 5
Non-fatal offences test
Answer 1
Often, the offences of assault and battery occur
at the same time. This is know as common
assault.
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Topic 5
Question 2
How is ABH defined in the case of R v Chan Fook ?
Non-fatal offences test
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Topic 5
Non-fatal offences test
Answer 2
Lord Justice Hobhouse said in the Court of Appeal
that µthe word ³actual´ indicates that the injury
(although there is no need for it to be
permanent) should not be so trivial as to be
wholly insignificant¶.
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Topic 5
Question 3
What happened in Smit h v Chief Superi ntend ent,
W ok i ng Pol ice St ati on (1983)?
Non-fatal offences test
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Topic 5
Non-fatal offences test
Answer 3
The victim was at home in her ground-floor flat
dressed in her nightdress. She was terrified when
she suddenly saw the defendant standing in her
garden, staring at her through the window. The
court held that he was liable for assault, on the
grounds that the victim feared immediate
infliction of force, even though she was safely
locked inside the building.
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Topic 5
Question 4
Who wrote the Joint Charging Standards?
Non-fatal offences test
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Topic 5
Non-fatal offences test
Answer 4
The police and the Crown Prosecution Service
wrote the Joint Charging Standards.
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Topic 5
Question 5
What does it mean when a person µnegates¶ his or
her assault?
Non-fatal offences test
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Topic 5
Non-fatal offences test
Answer 5
There is no assault if it is obvious to the victim that the
defendant cannot or will not carry out his or her threatof violence. In T ubervi ll e v Sav age (1669), annoyed bysomeone¶s comments to him, the defendant put hishand on his sword, which by itself would have beenenough to constitute an assault. However, at the same
time he said: µIf it were not assize time I would not takesuch language.¶ This meant that since judges werehearing criminal cases in town at the time, he had nointention of using violence. His statement negated thethreat.
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Topic 5
Question 6
Can words alone constitute an assault?
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Topic 5
Non-fatal offences test
Answer 6
For many years, the courts have debated whether words can
amount to an assault. In R v M ead e and Bel t (1823), peoplewere gathered around a house and started to sing menacingsongs and to use violent language. Judge Holroyd said that µnowords or singing are equivalent to an assault¶. However in R v Wi lson (1955), Lord Goddard stated of the accused: µHe calledout ³Get out the knives´, which itself would be an assault.¶ As
Wi lson is a more recent case, this outcome is preferred.
More recently, the House of Lords has decided that a silenttelephone call can constitute an assault. If the psychologicalinjury is significant, this could even constitute ABH or GBH (R v
I reland , R v Bur st ow , 1997).
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Topic 5
Question 7
What is the mens rea required for s.20 GBH?
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Topic 5
Non-fatal offences test
Answer 7
The mens rea of s.20 GBH is described by the word
µmaliciously¶. In R v C unni ngham (1957), it wasstated that for purposes of the 1861 Act, µmaliciously¶ meant µintentionally or recklessly¶.There is no need to intend GBH or wounding, or to
be reckless as to whether GBH or wounding mightbe caused. The defendant needs only intend or bereckless that his or her actions could cause some
physical damage, e.g. R v Grimshaw (1984) andR v Parmenter (1991).
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Topic 5
Question 8
What are the different sentences for each of the
non-fatal offences?
Non-fatal offences test
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Topic 5
Non-fatal offences test
Answer 8
Assault: 6 months¶ imprisonment
Battery: 6 months¶ imprisonment
ABH: 5 years¶ imprisonment
Section 20 GBH: 5 years¶ imprisonment
Section 18 GBH: up to life imprisonment
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Topic 5
Question 9
Name three criticisms of the current non-fatal
offences.
Non-fatal offences test
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Topic 5
Non-fatal offences test
Answer 9
Wording, sentencing, inconsistency
or common law.
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Topic 5
Question 10
Name two reports that have suggested changes
to the current non-fatal offences.
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Topic 5
Non-fatal offences test
Answer 10
The Law Commission Report 1993
and the Home Office Report 1998.
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