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Law Paper 1- Non-Fatal Offences

OCR A-level law quiz covering assault, battery, abh and gbh!
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katieatkins15
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Last updated: March 19, 2025
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First submittedMarch 19, 2025
Times taken15
Average score17.0%
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Hint
Answer
What act contains the law on assault and battery?
Criminal Justice Act 1988
What section is it contained under?
39
What is the first element to the AR of assault? (An ___)
Act
What is the second element? ~(which causes v to___)
Apprehend
What the the third element? (three words)
immediate unlawful force/violence
What can assault not be in the form of?
Omission
Words can be written for an assault (case)
Constanza
Silence can be an assault (case)
Ireland
Spitting is an assault (case)
Misalati
The victim must apprehend (case)
Lamb
'immediate' does not mean instant, but imminent (case)
Smith v Woking Police
Words can negate an assault (case)
Tuberville v Savage
What is the definition of battery? (four words)
Application of unlawful force
'force' can include ' the slightest touching' (case)
Collins v Wilcock
Battery case where a police officer was acting 'within his duty'
Pegram v DPP
Battery can be made through a continuing act (case)
Fagan v MPC
Battery can be committed through an indirect act (case)
DPP v K
Example of where an omission amounted to a battery
DPP v Santa-Bermudez
What is the maximum punishment for offences under s39?
Six Months Imprisonment
What type of offence are assault and battery?
Basic intent
Which Act and section contains the law on ABH?
s47 Offences Against the Person Act 1861
What is the maximum sentence for ABH?
Five years imprisonment
What is the first element which must be proved for ABH?
Assault
What is the second element?
Occasioning
What is the third element?
Actual Bodily Harm
What principles must be applied for the second element?
Causation
What case described ABH as 'any hurt or injury calculated to interfere with the health or comfort of the victim'?
Miller
Hint
Answer
What case defined each word of ABH?
Chan Fook
'Actual' means not so...
Trivial to be wholly insignificant
'Harm' is injury which goes beyond...
Interference with the health and comfort of the victim
'Bodily' is not limited to skin,flesh...but also includes...
Psychiatric harm
Case where momentarily loss of consciousness was held to be ABH
T v DPP
'Cutting a substantial amount of hair could amount to ABH' (case + year)
DPP v Smith 2006
Mens rea for ABH is mens rea for...
Assault/Battery
What section and act is the lesser offence of GBH under?
s20 Offences against the Person Act 1861
'The act must be unlawful'
Melin/BM
A wound is...
a cut or break in continuity of the skin
What type of cut is not sufficient?
Internal
'Cut must be of the whole skin- both layers' (case)
JJC v Eisenhower
DPP v Smith 1961 stated that 'grievous bodily harm' means...
Really serious harm
The harm does not have to be life-threatening (case)
Saunders
Severity of injuries should be assessed according to the victim's age and health (case)
Bollom
Serious psychiatric injury can be GBH (case)
Burstow
Infecting victims with HIV can be GBH (case)
Dica
There does not have to be a direct infliction physically between the defendant and the victim (case)
Lewis
What case held that 'maliciously' meant either intention or recklessness?
Cunningham
In which case did the HOL confirm that the C meaning of recklessness applies to all offences where 'maliciously' is used?
Parmenter
What section and act is the more serious offence of GBH under?
s18 Offences Against the Person Act 1861
What is the maximum punishment for s20?
Five years imprisonment
What is the maximum punishment for s18?
Life imprisonment
What is the key difference between the two types of GBH? (element of criminal liability)
Mens Rea
Therefore, what type of offence is s18 GBH?
Specific Intent
Whereas s20 is...
Basic Intent
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