Chapter 7 Self-test questions

Which ECHR rights protect the individual's bodily autonomy?

Article 1 and Article 3.

Article 2 and Article 5.

Article 3 and Article 8.

Article 8 and Article 10.

Which of the following are not non-fatal offences against the person?

Stalking and harassing an individual.

Non-consensual physical contact.

Homicide.

Serious injuries which V survived.

All non-fatal offences against the person come from the Offences Against the Person Act 1861.
True or false?

True

False

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

False

A non-fatal offence against the person can still be a crime even if V consented.
True or false?

True

False

Assault and battery are common law offences only.
True or false?

True

False

What is the actus reus of assault?

Hitting V, or otherwise inflicting violence upon them.

Behaving in an inappropriate way such as to cause V to be immediately frightened.

Touching V in a way to which V does not consent.

Causing V to apprehend or expect an imminent threat of unlawful force.

What is the mens rea of assault?

Intention or recklessness.

Intention only.

Recklessness only.

Recklessness or negligence.

What is the actus reus of battery?

Wounding V.

Causing V to apprehend or expect an imminent threat of unlawful force.

Unlawful personal violence or other non-consensual contact.

Behaving in an inappropriate way such as to cause V to be immediately frightened.

What is the mens rea of battery?

Intention only.

Recklessness only.

Intention or recklessness.

Recklessness or negligence.

Lawful chastisement of children in schools by teachers is banned.
True or false?

True

False

What are the limitations of the defence of consent for assault and battery?

That the conduct was not malicious.

There are no limitations.

That it must not have been an accident.

V cannot consent to assault or battery.

The law provides definitive rules on capacity to consent to offences against the person. True or false?

True

False

D's belief that V consented to assault or battery is irrelevant to the defence. True or false?

True

False

V's consent to an offence against the person is valid even if it is obtained by duress. True or false?

True

False

Which section of the Offences Against the Person Act 1861 defines ABH?

s.23

s.18

s.47

s.20

What is the actus reus of ABH?

Assault or battery + Omission

Assault or battery + Causation

Assault or battery + Confession

Assault or battery + Harm

The Offences Against the Person Act 1861 defines "actual bodily harm." True or false?

True

False

What is the mens rea of ABH?

Intention or recklessness as to ABH.

Intention or recklessness as to assault.

Intention or recklessness as to battery.

Intention or recklessness as to assault or battery.

The mens rea of ABH requires intention or recklessness as to the infliction of actual bodily harm. True or false?

True

False

Which section of the Offences Against the Person Act 1861 defines GBH?

s.23

s.18

s.47

s.20

What is the actus reus of GBH?

Wounding and/or inflicting GBH.

Assault or battery + Causation.

Wounding and/or doing harm.

Assault or battery + Some harm.

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

False

What is the difference between the maximum sentence for ABH and GBH?

There is a difference of 10 years.

There is a difference of 7 years.

There is a difference of 5 years.

There is no difference.

What is the difference between ABH and GBH?

Whether the offence is gang-related.

Gravity of offence and sentencing.

Complexity of facts and mens rea.

Foreseeability of harm and risk.

Which section of the Offences Against the Person Act 1861 defines GBH with intent?

s.23

s.18

s.47

s.20

What is the actus reus of GBH with intent?

Wounding and/or inflicting GBH.

Assault or battery + Causation.

Wounding and/or doing harm.

Assault or battery + Some harm.

The intention to wound satisfies the mens rea of s.18. True or false?

True

False

What is the difference between the maximum sentence for GBH and GBH with intent?

There is no difference.

One is 5 years, one is life.

One is 10 years, one is life.

Both are life.

A charge relating to a more serious offence against the person will automatically include the less serious ones as alternatives.
True or false?

True

False

Where may the defence of consent apply to the more serious offences against the person?

Rugby; Sexual intercourse; Practical jokes; Bondage.

Surgery; Body modification; Religious flagellation; Sports; Horseplay; and Sexual pleasure.

Medical procedures, Tattoos, Religious reasons; Sports.

Ear piercing; Tattoos; Nipple piercings; Intimate piercings; and Sporting activity; Parental chastisement.

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.

The type of sport; the type of players; the type of risk.

The legality of the sport; the rules of the game; any foul play.

The history of injury; the risk of death; the risk assessment.

"Robust games" and rough horseplay are not a defence to offences against the person. True or false?

True

False

What is the current leading case on sadomasochism (S&M)?

Collins [1973] QB 100.

Slingsby [1995] Crim LR 570.

Wilson (1997) QB 47.

Brown [1994] UKHL 19.

Undermining the "base offence" of assault or battery, underpinning an ABH charge, could potentially prove to be a defence. True or false?

True

False

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.

Persistently contacting a person, by whatsoever means.

A course of conduct, which amounts to harassment of another; and which D knows or ought to know amounts to harassment of another.

Unsolicited and unreciprocated individual contact.

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.

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.

A course of conduct, which amounts to harassment of another; and which they know or ought to know amounts to harassment of another.

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.

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.

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.

A course of conduct, which amounts to s.2 harassment of another; where the conduct is associated with stalking.

A course of conduct, which amounts to harassment of another; and which D knows or ought to know amounts to harassment of another.

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.

A course of conduct, which amounts to harassment of another; and which they know or ought to know amounts to harassment of another.

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

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.

Enslavement can be prosecuted as an offence under the modern law.
True or false?

True

False

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