1B - Non Fatal Offences Against The Person - Case List

Question 1

Assault - R v Nelson

Answer 1

CoA stated that ‘what is required for common assault is for [D] to have done something of a physical kind’. It has to be a physical act, an omission isn’t enough

Question 2

Assault - Constanza

Answer 2

Letters can amount to an assault

Question 3

Assault - Ireland

Answer 3

Silent phone calls can be an assault

Question 4

Assault - R v Lamb

Answer 4

D pointed an unloaded gun at someone who thought its unloaded cannot be assault as they didn’t fear an immediate force. However, the gun was loaded and the victim was shot but it wasn’t assault as they didn’t fear any immediate force
‘apprehend’ means that the V mist fear unlawful force for there to be an assault

Question 5

Assault - Smith v CS of Woking Police Station

Answer 5

V fearing what the D could do even though he was locked out amounted to an assault

IMMEDIATE ≠ INSTANTANEOUS

Question 6

Assault - Light

Answer 6

The V feared that force was going to be used on her and the words in the circumstances were not enough to negate that fear

Question 7

Assault - Tuberville v Savage

Answer 7

D places one hand on his sword and said ‘if it were not assize time, I would not take such language from you’. This was held not to be an assault, because what he said showed he was not going to do anything

Question 8

Assault - Mohan

Answer 8

Direct intention - D’s main aim or purpose was to cause another to fear immediate unlawful force

Question 9

Assault - Woolin

Answer 9

Indirect intention - it was not the D’s main aim or purpose but it is virtually certain from the D’s act that another would fear immediate force and the D would have realised this

Question 10

Assault - Cunningham

Answer 10

Recklessness - the D knew that was a risk of causing another to fear immediate unlawful force because of their actions but continued to take the risk

Question 11

Battery - Collins v Wilcock

Answer 11

Any touching may be a battery and always is if there was a physical restraint

Question 12

Battery - Wood (Fraser) v DPP

Answer 12

Held that there was a technical battery thus meaning W was entitled to struggle and wasn’t guilty of any offence against the police

Question 13

Battery - R v Thomas

Answer 13

The D touched the bottom of a woman’s skirt and rubbed it. CoA said, orbiter, ‘there could be no dispute that if you touch a persons clothing while he is wearing them that is equivalent to touching him’

Question 14

Battery - Fagan v MPC

Answer 14

The actus reus of assault can be an ongoing at so that the complete offence is committed when D forms the mens rea

Question 15

Battery - DPP v Santa-Bermudez

Answer 15

An omission is sufficient for the actus reus of assault

Question 16

Battery - DPP v K

Answer 16

An indirect act can satisfy the actus reus of assault

Question 17

Battery - Haystead

Answer 17

You don’t need to directly touch the V and transferred malice is enough

Question 18

ABH - What does Miller say?

Answer 18

‘any hurt or injury calculated to interfere with the health or comfort of the victim’

Question 19

ABH - What does Chan Fook say?

Answer 19

That it cannot be trivial or insignificant harm. It also says psychiatric injury is also classed as ABH but ‘mere emotions such as fear, distress or panic’ arent ABH, nor is ‘states of mind that are not themselves evidence of some identifiable clinical condition’

Question 20

ABH - What does T v DPP say?

Answer 20

Loss of consciousness even momentarily was held to be ABH

Question 21

ABH - What does Smith (Michael) say?

Answer 21

ABH can include cutting somebody’s hair

Question 22

ABH - What does Savage show?

Answer 22

It’s not necessary to demonstrate the D had the mens rea in relation to the level of harm inflicted. It’s sufficient that they intended or could foresee that some harm will result.

Question 23

GBH - R v Burstow

Answer 23

Inflict has the same meaning as cause and that serious psychiatric harm can be enough for GBH

Question 24

GBH - JCC v Eisenhower

Answer 24

V hit in eye with a shotgun pellet so it was bleeding under the surface so it wasn’t a wound

Question 25

GBH - what did DPP v Smith define GBH as?

Answer 25

really serious harm

Question 26

GBH - what did Saunders replace ‘really serious harm’ with?

Answer 26

serious harm - it was held that ‘really’ adds nothing

Question 27

GBH - what did Bollom say?

Answer 27

Take into account V’s age and health

Question 28

GBH - what does Dica say?

Answer 28

Disease is enough to satisfy GBH

Question 29

GBH - what does Martin say?

Answer 29

GBH does not need to be dierct contact

Question 30

GBH - what does Cunningham say?

Answer 30

Maliciously doesn’t require any ill will

Question 31

GBH - what does Parmenter say?

Answer 31

The intention or subjective recklessness as to causing some harm

Question 32

GBH - what does Belfon say?

Answer 32

The prosecution must prove D’s purpose is to cause GBH

Question 33

GBH - what does Taylor say?

Answer 33

Intention to wound is not enough

Question 34

GBH - what does Morrison say?

Answer 34

the mens rea fro s.18 can include preventing or resisting arrest