Non-Fatal Offences- model answers

What is the model answer for assault introduction?

Prima Facie, the defendant [state name], could be charged with the common law offence of assault for [state what happened]. Assault is a summary offence tried in the magistrates court and is defined in R V Nelson as ‘intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force’

What is the model Answer for assault- Defendants act?

The actual reus (guilty act) of assault is causing the victim to apprehend the immediate infliction of unlawful force. this must be done by an act not omission. This can be done by words alone (RV Constanza), actions (Smith V CCWPS) or both (R V Lewis). No physical contact is necessary.

What is the model Answer for assault- apprehend?

The act or words must cause the victim to apprehend the immediate inflection of unlawful force going to be used against them. It must cause fear, if the victim is not in fear then there is no assault (R V lamb). It doesn’t matter if the defendant has no intention of actually carrying out their threat as long as the victim believes they will (R V Logdon). Also, if the defendants words indicate that no violence will be used this also cannot amount to an assault as the victim would know no violence will be used and the words have negated the assault (Tuberville V Savage). Similarly, if there is a conditional threat which is a threat that warns that a certain violent act will occur unless specified conditions are met then if immediate and perceived as real by the victim could still meet the threshold for assault (R V light).

What is the model Answer for assault- Immediate?

Immediate means the force must be imminent not instantaneous (Smith V woking police station).

What is the model Answer for Factual cause?

As assault is a result crime causation must be proven. Factual causation will be established using the book for test. (R V white/R V paggett).

What is the model Answer for Legal cause?

Legal causation must also be proven. the defendant will be de minimis (R V Kimsey) if they are more than a minimal cause and operating and substantial cause if they are most to blame (R V Smith)

What’s model answer for intervening acts?

• victims own actions – reasonable, foreseeable and not daft = no break (R V Robert)

  – Unreasonable, unforeseeable and daft = break (R V Williams and Davis)

• Victims self neglect – if the victim chooses not to go to the hospital for the treatment, acts against hospital advice (R V Holland), or commits suicide (R V Wallace) = no break

• Actions of a 3rd party- reasonable, foreseeable = no break (R V Pagett)

• Medical treatment- if Palpably wrong so that it is so independent from the defendants actions = a break (R V Jordan)

• Thin skull rule- take your victim as you find them (R V Blaue)

Model answer for assault- mens rea?

The MR of assault is that D intends to or is reckless about causing the victims apprehend the immediate infliction of unlawful force.

Intention is where the D has the aim, purpose and desire to bring about the prohibited consequence (R V Mohan). Subjective recklessness is where the D foresees a risk and proceeds to take it anyway (R V Cunningham).

Model answer for assault- conclusion?

On that basis, the D has satisfied the AR and MR of assault and would be guilty subject to any defence. The sentence for this offence is a max of 6 months in imprisonment, £5000 fine or both as contained in s.39 Criminal Justice Act 1988

What’s the model answer for battery- introduction?

Prima Facie, the defendant [state name], could be charged with the common law offence of battery for [state what happened]. Battery is a summary offence tried in the magistrates court and is defined in Fagan V Metrpolitan police commissioner as ‘intentionally or recklessly inflicts unlawful force’

What’s the model answer for battery- Ds Act?

The first element of AR to establish is the Ds act. This can be done by an act or omission (DPP V Santana Bermudez)

What’s the model answer for battery- Unlawful?

The AR (guilty act) of battery is the infliction of unlawful force on another. It will be Deemed unlawful if it is not in self defence R V Williams (Gladstone), the police haven’t used reasonable force, there is no consent/permission (R V Brown) and it was not in the ‘ordinary jostlings of everyday life’ (Wilson V Pringle)

What’s the model answer for battery- Force?

The force used can be a very low level of force. The slightest touch will be enough and doesn’t need to cause injury (Collins V Wilcock). A battery could be committed either directly, where there is actual contact between the D and V, in R V Thomas even touching clothing can amount this, or indirectly (DPP V K)

What’s the model answer for ABH- Introduction?

Prima facie, the D [state name] may be charged with assault occasioning ABH, which is a triable either way offence (so ears in Magistrates or Crown court) under s.47 of the Offences against the person Act 1861.

What’s the model answer for ABH- act?

The AR for ABH is assault occasioning ABH. The term ‘assault’ means either assault or battery R V Robert’s

What’s the model answer for ABH- ABH?

The definition of ABH was originally set out in R V Miller as ‘any hurt or injury calculated to interfere with the health and comfort of the V’. However, the definition of ABH is now set out in R V Chan-Fook; actual means not so trivial as to be wholly insignificant; bodily means all parts, not limited to harm of the skin flesh and bones of the V. Finally, harm means injury and can be either physical or psychiatric.

What’s the model answer for ABH- MR?

The MR of ABH is that of either the assault or battery and therefore be of intention (R V Savage) or recklessness (R V Roberts)