05 Non-Fatal Test

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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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Question 2

How is ABH defined in the case of R v Chan Fook ?




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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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Question 3

What happened in Smit h v Chief Superi ntend ent,

W ok i ng Pol ice St ati on (1983)?




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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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Question 4

Who wrote the Joint Charging Standards?




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Answer 4

The police and the Crown Prosecution Service

wrote the Joint Charging Standards.



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Question 5

What does it mean when a person µnegates¶ his or

her assault?




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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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Question 6

Can words alone constitute an assault?




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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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Question 7

What is the mens rea required for s.20 GBH?




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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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Question 8

What are the different sentences for each of the

non-fatal offences?




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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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Question 9

Name three criticisms of the current non-fatal

offences.




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Answer 9

Wording, sentencing, inconsistency

or common law.



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Question 10

Name two reports that have suggested changes

to the current non-fatal offences.




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Answer 10

The Law Commission Report 1993

and the Home Office Report 1998.

05 Non-Fatal Test

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