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EnglandLegal StudiesQuick questions
Criminal Law (Components 2 and 3)
Quick questions on Non-fatal offences against the person - Eduqas A-Level Law Component 2
4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is section 47?Show answer
Section 47 of the Offences Against the Person Act 1861 makes it an offence to commit an assault or battery that occasions actual bodily harm (ABH). ABH is harm that is more than transient and trifling (Miller); it includes bruising, a black eye, broken teeth and recognised psychiatric injury (Chan-Fook), but not mere emotions. The mens rea is the same as for the assault or battery: the defendant need not intend or foresee the ABH itself (Savage; Parmenter). It is an either-way offence with a maximum of five years.
What is section 20?Show answer
Section 20 makes it an offence to unlawfully and maliciously wound or inflict grievous bodily harm. The actus reus is a wound (a break in both layers of the skin, JCC v Eisenhower) or grievous bodily harm, meaning really serious harm (DPP v Smith; the victim's age and health may be relevant, Bollom). The mens rea ("maliciously") requires intention or recklessness as to some (not serious) harm (Mowatt; Parmenter). It is either-way with a maximum of five years.
What is q1?Show answer
Explain the actus reus and mens rea of the offence under section 47 of the Offences Against the Person Act 1861. [10 marks]
What is q2?Show answer
During a robbery, Liam slashes a guard's arm with a knife, leaving a deep wound, intending to stop the guard chasing him. Advise on Liam's liability for the non-fatal offences. [20 marks]
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