Deck 6: Non-Fatal Non-Sexual Offences Against the Person

Question 1

Which of the following best describes the actus reus of an assault?

A) The defendant caused the victim to apprehend imminent unlawful force.
B) The defendant applied unlawful force to the victim.
C) The defendant terrified the victim.
D) The defendant threatened the victim.

Answer 1

A
Explanation: The actus reus of an assault is that the defendant caused the victim to apprehend imminent unlawful force.

Question 2

The mens rea of an assault is that the defendant intended or was reckless that the victim would apprehend imminent unlawful force.

Answer 2

True
Explanation: The mens rea of an assault is that the defendant intended or was Cunningham reckless that the victim would apprehend imminent unlawful force.

Question 3

A battery requires proof that the victim was hurt by the defendant.

Answer 3

False
Explanation: A battery requires proof that the defendant touched or applied force to the victim. It does not need to be shown that the victim suffered an injury.

Question 4

The offence of assault occasioning actual bodily harm is found in section ___ of the Offences Against the Person Act 1861.

Question 5

Which of the following points were made by the House of Lords in Ireland and Burstow? [Please select all that apply]

A) 'Actual bodily harm' included a recognised psychological condition.
B) The creation of fear of an attack within a minute or two could be the actus reus of an assault.
C) For the s. 47 Offences Against the Person Act 1861 offence it must be shown that the assault caused the actual bodily harm.
D) It was possible to commit a battery via a telephone call.

Question 6

The offence in section 20 Offences Against the Person Act 1861 requires proof that the defendant ____ or inflicted grievous bodily harm on the victim.

Question 7

The offence of malicious wounding requires proof that the defendant foresaw that the victim might suffer some harm.

Question 8

What is the most important difference between the offences in sections 18 and 20 of the Offences Against the Person Act 1861?

A) Wounding is required for s. 20, but not s. 18.
B) Section 18 requires proof of a more serious injury.
C) Section 18 requires proof that the defendant intended to caused grievous bodily harm, but s. 20 only requires recklessness as to some harm
D) Section 18 requires proof that the defendant inflicted grievous bodily harm, section 20 requires proof that the defended caused grievous bodily harm.

Question 9

The poisoning offences in sections 23 and 24 of the Offences Against the Person Act 1861 involve the defendant administering a poison or other destructive or _____ thing.

Question 10

Which of the following best summarises the key point of law in the decision in Brown?

A) The consent of the victim is a defence to an assault or battery, but not to a more serious offence unless the case falls into a recognised exception.
B) Consent is not recognised as a defence in criminal law.
C) Consent is a defence to a crime which involves actual bodily harm or more serious injury, but is not a defence to less serious crimes.
D) Consent is a defence to any crime, unless the conduct involved is immoral.