Non-Fatal Offences Against the Person | OCR A-Level Law (H418)
Non-Fatal Offences Against the Person
- 63 questions
- 4 subtopics
- Component 1: The legal system and criminal law
- Component 1
The ladder of assault offences from common assault to wounding with intent, and the defences available..
It covers common assault and the offence of assault, battery and section 39, actual bodily harm, wounding and grievous bodily harm and defences and evaluating non-fatal offences.
Sample questions from Non-Fatal Offences Against the Person
Answer each one closed book first, then open the answer.
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Common assault and the offence of assault
What mental state must the victim experience for the actus reus of assault to be satisfied?
Show the answer
The victim must apprehend (anticipate or fear) the application of unlawful force. -
Common assault and the offence of assault
Explain how silence can amount to an assault.
Show the answer
Silence can be an assault where it causes the victim to apprehend immediate unlawful violence, for example silent telephone calls creating fear of imminent attack. -
Battery and section 39
Why must the force in battery be 'unlawful'?
Show the answer
Because lawful force (e.g. consented contact or lawful arrest) does not satisfy the actus reus of battery. -
Battery and section 39
Under what circumstance can battery be committed by omission?
Show the answer
Where the defendant has a duty to act and fails to do so, resulting in unlawful force being applied to the victim. -
Actual bodily harm, wounding and grievous bodily harm
Why do mere emotions such as fear or distress not qualify as actual bodily harm?
Show the answer
Because they are not recognised psychiatric conditions; ABH requires a clinically recognised injury, not ordinary emotional reactions. -
Actual bodily harm, wounding and grievous bodily harm
Is it necessary for the defendant to foresee grievous bodily harm to satisfy the mens rea of section 20?
Show the answer
No; foresight of some physical harm is sufficient. -
Defences and evaluating non-fatal offences
What must a defendant honestly believe for self-defence to apply to a non-fatal offence?
Show the answer
The defendant must honestly believe that force is necessary. -
Defences and evaluating non-fatal offences
How can the balance between principle and policy be evaluated in the context of non-fatal offences?
Show the answer
By examining whether the law prioritises theoretical coherence or practical outcomes such as public protection.
The 4 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Common assault and the offence of assault | Recall questions on common assault as two offences, the actus reus of assault, including apprehension of immediate unlawful force, words, silence and conditional threats, and the intention or subjective recklessness required for its mens rea. | 11 |
| Battery and section 39 | Recall questions on charging assault and battery under section 39 of the Criminal Justice Act 1988, the application of unlawful force, battery by an indirect act, a continuing act or an omission, and the mens rea of battery. | 10 |
| Actual bodily harm, wounding and grievous bodily harm | Recall questions on sections 47, 20 and 18, on what counts as a wound, and on the different mens rea each requires. | 22 |
| Defences and evaluating non-fatal offences | Recall questions on consent and its exceptions, voluntary and involuntary intoxication and self-defence as defences to non-fatal offences, and on criticisms of the Offences Against the Person Act 1861, the Law Commission's reform proposals and the inconsistency of the defences. | 20 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.