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Return to Smith, Hogan, & Ormerod's Essentials of Criminal Law 4e, Student Resources
Chapter 7 Self-test questions
Non-fatal offences against the person
Select a Topic
Select a Topic
Assault and battery
Conduct-focussed offences against the person
Defences to assault and battery
Defences to sections 47, 20, and 18
Introduction
OAPA 1861, s18: wounding, or causing grievous bodily harm with intent
OAPA 1861, s20: wounding, or inflicting grievous bodily harm
OAPA 1861, s47: assault occasioning actual bodily harm
Sections 47, 20, and 18: alternative verdicts
Number of questions to try
Start Quiz
*
not completed
Which ECHR rights protect the individual's bodily autonomy?
Article 1 and Article 3.
correct
incorrect
Article 2 and Article 5.
correct
incorrect
Article 3 and Article 8.
correct
incorrect
Article 8 and Article 10.
correct
incorrect
*
not completed
Which of the following are
not
non-fatal offences against the person?
Stalking and harassing an individual.
correct
incorrect
Non-consensual physical contact.
correct
incorrect
Homicide.
correct
incorrect
Serious injuries which V survived.
correct
incorrect
*
not completed
All non-fatal offences against the person come from the Offences Against the Person Act 1861.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
The law of ABH (s.47), GBH (s.20), and GBH with intent (s.18) was recently reformed by the Law Commission Report of 2015 on the area.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
A non-fatal offence against the person can still be a crime even if V consented.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Assault and battery are common law offences only.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
actus reus
of assault?
Hitting V, or otherwise inflicting violence upon them.
correct
incorrect
Behaving in an inappropriate way such as to cause V to be immediately frightened.
correct
incorrect
Touching V in a way to which V does not consent.
correct
incorrect
Causing V to apprehend or expect an imminent threat of unlawful force.
correct
incorrect
*
not completed
What is the
mens rea
of assault?
Intention or recklessness.
correct
incorrect
Intention only.
correct
incorrect
Recklessness only.
correct
incorrect
Recklessness or negligence.
correct
incorrect
*
not completed
What is the
actus reus
of battery?
Wounding V.
correct
incorrect
Causing V to apprehend or expect an imminent threat of unlawful force.
correct
incorrect
Unlawful personal violence or other non-consensual contact.
correct
incorrect
Behaving in an inappropriate way such as to cause V to be immediately frightened.
correct
incorrect
*
not completed
What is the
mens rea
of battery?
Intention only.
correct
incorrect
Recklessness only.
correct
incorrect
Intention or recklessness.
correct
incorrect
Recklessness or negligence.
correct
incorrect
*
not completed
Lawful chastisement of children in schools by teachers is banned.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What are the limitations of the defence of consent for assault and battery?
That the conduct was not malicious.
correct
incorrect
There are no limitations.
correct
incorrect
That it must not have been an accident.
correct
incorrect
V cannot consent to assault or battery.
correct
incorrect
*
not completed
The law provides definitive rules on capacity to consent to offences against the person. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
D's belief that V consented to assault or battery is irrelevant to the defence. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
V's consent to an offence against the person is valid even if it is obtained by duress. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Which section of the Offences Against the Person Act 1861 defines ABH?
s.23
correct
incorrect
s.18
correct
incorrect
s.47
correct
incorrect
s.20
correct
incorrect
*
not completed
What is the
actus reus
of ABH?
Assault or battery + Omission
correct
incorrect
Assault or battery + Causation
correct
incorrect
Assault or battery + Confession
correct
incorrect
Assault or battery + Harm
correct
incorrect
*
not completed
The Offences Against the Person Act 1861 defines "actual bodily harm." True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
mens rea
of ABH?
Intention or recklessness as to ABH.
correct
incorrect
Intention or recklessness as to assault.
correct
incorrect
Intention or recklessness as to battery.
correct
incorrect
Intention or recklessness as to assault or battery.
correct
incorrect
*
not completed
The
mens rea
of ABH requires intention or recklessness as to the infliction of actual bodily harm. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Which section of the Offences Against the Person Act 1861 defines GBH?
s.23
correct
incorrect
s.18
correct
incorrect
s.47
correct
incorrect
s.20
correct
incorrect
*
not completed
What is the
actus reus
of GBH?
Wounding and/or inflicting GBH.
correct
incorrect
Assault or battery + Causation.
correct
incorrect
Wounding and/or doing harm.
correct
incorrect
Assault or battery + Some harm.
correct
incorrect
*
not completed
For s.20 GBH, intention or recklessness that
some
bodily harm
might
be caused is enough, by way of
mens rea.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the difference between the maximum sentence for ABH and GBH?
There is a difference of 10 years.
correct
incorrect
There is a difference of 7 years.
correct
incorrect
There is a difference of 5 years.
correct
incorrect
There is no difference.
correct
incorrect
*
not completed
What is the difference between ABH and GBH?
Whether the offence is gang-related.
correct
incorrect
Gravity of offence and sentencing.
correct
incorrect
Complexity of facts and
mens rea
.
correct
incorrect
Foreseeability of harm and risk.
correct
incorrect
*
not completed
Which section of the Offences Against the Person Act 1861 defines GBH with intent?
s.23
correct
incorrect
s.18
correct
incorrect
s.47
correct
incorrect
s.20
correct
incorrect
*
not completed
What is the
actus reus
of GBH with intent?
Wounding and/or inflicting GBH.
correct
incorrect
Assault or battery + Causation.
correct
incorrect
Wounding and/or doing harm.
correct
incorrect
Assault or battery + Some harm.
correct
incorrect
*
not completed
The intention to wound satisfies the
mens rea
of s.18. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the difference between the maximum sentence for GBH and GBH with intent?
There is no difference.
correct
incorrect
One is 5 years, one is life.
correct
incorrect
One is 10 years, one is life.
correct
incorrect
Both are life.
correct
incorrect
*
not completed
A charge relating to a more serious offence against the person will automatically include the less serious ones as alternatives.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Where may the defence of consent apply to the more serious offences against the person?
Rugby; Sexual intercourse; Practical jokes; Bondage.
correct
incorrect
Surgery; Body modification; Religious flagellation; Sports; Horseplay; and Sexual pleasure.
correct
incorrect
Medical procedures, Tattoos, Religious reasons; Sports.
correct
incorrect
Ear piercing; Tattoos; Nipple piercings; Intimate piercings; and Sporting activity; Parental chastisement.
correct
incorrect
*
not completed
Which factors need to be considered when deciding if a sport will be a recognised defence to the more serious offences against the person?
The violence of the game; the risk posed; the harm caused.
correct
incorrect
The type of sport; the type of players; the type of risk.
correct
incorrect
The legality of the sport; the rules of the game; any foul play.
correct
incorrect
The history of injury; the risk of death; the risk assessment.
correct
incorrect
*
not completed
"Robust games" and rough horseplay are not a defence to offences against the person. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the current leading case on sadomasochism (S&M)?
Collins
[1973] QB 100.
correct
incorrect
Slingsby
[1995] Crim LR 570.
correct
incorrect
Wilson
(1997) QB 47.
correct
incorrect
Brown
[1994] UKHL 19.
correct
incorrect
*
not completed
Undermining the "base offence" of assault or battery, underpinning an ABH charge, could potentially prove to be a defence. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What are the elements of s.2 harassment?
A course of conduct, which is not appropriate; and which D knows or ought to know amounts to inappropriate conduct towards another.
correct
incorrect
Persistently contacting a person, by whatsoever means.
correct
incorrect
A course of conduct, which amounts to harassment of another; and which D knows or ought to know amounts to harassment of another.
correct
incorrect
Unsolicited and unreciprocated individual contact.
correct
incorrect
*
not completed
What are the elements of s.4 aggravated harassment?
A course of conduct, which amounts to stalking of another; and which they know or ought to know amounts to stalking of another.
correct
incorrect
A course of conduct, which causes another to fear, on at least two occasions, that violence will be used against them; and which D knows or ought to know will cause V to fear this on each occasion.
correct
incorrect
A course of conduct, which amounts to harassment of another; and which they know or ought to know amounts to harassment of another.
correct
incorrect
A course of conduct, which causes another to fear, at least once, that violence will be used against them; and which D knows or ought to know will cause V to fear this on that occasion.
correct
incorrect
*
not completed
What are the elements of s.2A stalking?
A course of conduct, which is not appropriate; and which D knows or ought to know amounts to inappropriate conduct towards another.
correct
incorrect
A course of conduct, which causes another to fear, on at least two occasions, that violence will be used against them; and which D knows or ought to know will cause V to fear this on each occasion.
correct
incorrect
A course of conduct, which amounts to s.2 harassment of another; where the conduct is associated with stalking.
correct
incorrect
A course of conduct, which amounts to harassment of another; and which D knows or ought to know amounts to harassment of another.
correct
incorrect
*
not completed
What are the elements of s.4A aggravated stalking?
A course of conduct, which amounts to stalking of another; and which they know or ought to know amounts to stalking of another.
correct
incorrect
A course of conduct, which amounts to harassment of another; and which they know or ought to know amounts to harassment of another.
correct
incorrect
A course of conduct, which causes another to fear, on at least two occasions, that violence will be used against them, or causes V serious alarm or distress which has a substantial adverse effect on V's usual day-to-day activities; where this conduct is associated with stalking; and which D knows or ought to know will cause V to fear this on each occasion
correct
incorrect
A course of conduct, which causes another to fear, at least once, that violence will be used against them; or causes V serious alarm or distress which has a substantial adverse effect on V's usual day-to-day activities; and which D knows or ought to know will cause V to fear this on that occasion.
correct
incorrect
*
not completed
Enslavement can be prosecuted as an offence under the modern law.
True or false?
True
correct
incorrect
False
correct
incorrect
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