Offences Against the Person Act Quiz

Answer: 1861

The Non Fatal Offences Against the Persons Act was created in 1861 and, although it is old law, it is still good law. It covers a number of different offences, including bigamy (section 57) and only covers offences which are towards a person, but did not result in death.

Answer: Battery

Battery is the application of force upon another person either intentionally or recklessly with specific intent or deliberate intent to act recklessly. It can be found under section 39 of the Criminal Justice Act 1988. Assault is also found under this act but is when the defendant seeks to put a person in fear of unlawful force.

Answer: R v Ireland

R v Ireland (1997) is used to show that, for assault, words don't particularly have to be used, as breathing heavily down the phone was enough to scare the women and make them fear for their safety. This case is a very important case to remember and, if possible, mention in the GCSE exam.

Answer: 5 years

Five years is the maximum amount of time that defendants found guilty of ABH are likely to get in prison. It can be found under section 47 of the Offences Against the Persons Act.

Answer: R v Chan Fook

R v Chan Fook (1994) showed that the court accepted hysteria as an injury and that, in order to be found guilty of ABH, it is possible for the victim to suffer from a psychiatric illness. The defendant was found guilty of actual bodily harm.

Answer: Wounding without Intent

For wounding without intent bruising will not suffice, a broken bone will not suffice, a burn will not suffice and a superficial graze will not suffice. It is found under section 20 and carries a maximum sentence of 5 years in prison.
The difference between wounding with intent and wounding without intent is that, for wounding with intent, the means rea (or guilty mind) must be that the defendant had a specific intention to harm the victim, while for wounding without intent, it would be an intention to behave recklessly which consequently caused harm.

Answer: R v Latimer

R v Latimer (1886), demonstrates the rule of transfered malice. It was decided, that although the defendant didn't have the specific intention to harm the victim, he transfered the malice from his intended target to that person when he injured them.

Answer: Wounding with Intent

Wounding with intent is found under section 18 and carries a life sentence. The actus reus is when the defendant does something that causes harm (GBH) to another person and the mens rea is the intention to commit the crime. This must not be confused with section 20, which is wounding without intent, as this may be detrimental to your final grade.

Answer: R v Savage

R v Savage (1992) is case law for assault occasioning actual bodily harm. This case was changed from a section 20 (which is what it originally was) to a section 47 (ABH) and is similar to R v Parmenter (1992) when a father injured his baby and was convicted of a section 20, which was then downgraded to a section 47.

Answer: The Police Act

The Police Act 1996 carries a sentence of 6 months in prison or a £5000 fine. It is found under section 89. It is important to remember that a defendant can only be charged with this offence if the police officer was 'in the execution of his duty'.