2: Non-fatal offences

Question 1

What is assault charged under

Answer 1

s39 CJA 1988

Question 2

Maximum statutory sentence for assault

Answer 2

6 months imprisonment

Question 3

What type of offence is assault

Answer 3

Common Law

Question 4

AR of assault

Include case

Answer 4

A physical act done by D that causes the V to apprehend immediate unlawful personal violence

R v Nelson

Question 5

Can assault be an omission

Answer 5

No

Question 6

R v Ireland

Answer 6

Silent phone calls can constitute assault

Question 7

R v Constanza

Answer 7

Written or spoken words can constitute an assault

Question 8

Tuberville v Savage

Answer 8

Words can negate an assault

Question 9

Logdon v DPP

Answer 9

There must be apprehension (fear)

Question 10

Smith v Supt of Woking

Answer 10

The definition of “immediate” doesn’t have to be instantaneous, can be ‘in the immediate future or imminent’

Question 11

MR for assault

Include case

Answer 11

D must intend to make V fear immediate unlawful violence or be reckless as to whether such an apprehension is caused

R v Venna (recklessness is sufficient MR for assault)

Question 12

What is battery charge under

Answer 12

s39 CJA 1988

Question 13

Maximum mandatory sentence for battery

Answer 13

6 months imprisonment

Question 14

What type of offence is battery

Answer 14

Common law

Question 15

AR for battery

Answer 15

application of unlawful force onto V

Question 16

Collins v Wilcock

Answer 16

“any touching of another person, however slight, may amount to battery”

Question 17

R v Thomas

Answer 17

Touching another’s clothing can amount to battery

Question 18

Unlawful force

Answer 18

no consent and no pain or harm

Question 19

Can battery be indirect?

Include 2 cases

Answer 19

Yes

R v Haystead

DPP v K

Question 20

Can battery be an omission?

Include case

Answer 20

Yes, if D is under a legal duty to act

DPP v Santa-Bermudez

Question 21

MR for battery

include case

Answer 21

intention to apply unlawful force to another OR recklessness as to whether such force is applied

R v Venna

Question 22

What is ABH charged under

Answer 22

s47 OAPA 1861

Question 23

Maximum sentence for ABH

Answer 23

5 year’s imprisonment

Question 24

Defenition of ABH

Answer 24

Assault occasioning actual bodily harm

Question 25

AR for ABH

Answer 25

common assault that causes actual bodily harm

Question 26

AR for ABH: ‘common assault’ Include cases

Answer 26

D must first commit an assault or battery Assault: R v Nelson, R v Ireland, R v Constanza, Logdon v DPP, Smith v Supt of Woking Battery: Collins v Wilcock, R v Thomas, R v Haystead, DPP v K, DPP v Santa-Bermudez, R v Venna

Question 27

AR for ABH: ‘occassioning’

Answer 27

means ‘causes’: normal rules of causation apply (factual, legal, no breaks in chain)

Question 28

AR for ABH: ‘actual bodily harm’ include case

Answer 28

R v Chan Fook: 1) ‘actual’ means not so trivial as to be wholly insignificant 2) ‘harm’ is injury which goes beyond interference with the health and comfort of the V 3) ABH covers physical, psychiatric and clinical conditions but not emotions such as fear, distress or panic

Question 29

Can ABH be indirect? Include case

Answer 29

Yes DPP v K (indirect battery occasioning ABH)

Question 30

DPP v Smith

Answer 30

Cutting hair is sufficient for ABH

Question 31

R v Burstow

Answer 31

‘bodily harm’ includes recognisable psychiatric illness

Question 32

R(T) v DPP

Answer 32

Losing consciousness is ABH

Question 33

MR for ABH Include 3 cases

Answer 33

the same as for the common assault (assault or battery) R v Roberts, R v Savage, R v Parmenter: D doesn’t have to foresee or intend the harm

Question 34

lower level of GBH

Answer 34

Malicious wounding or inflicting grievous bodily harm

Question 35

What is ‘malicious wounding or inflicting GBH’ charged under

Answer 35

s20 OAPA 1861

Question 36

AR for s20 GBH

Answer 36

wound or cause GBH

Question 37

AR for s20 GBH: ‘wound’ Include 2 cases

Answer 37

An injury by which there is a break in the continuity of the skin or causes bleeding Moriarty v Brooks R v Eisenhower (cannot be internal injuries)

Question 38

AR for s20 GBH: ‘grevious bodily harm’ Include 2 cases

Answer 38

GBH means ‘serious harm’ (R v Saunders) OR ‘really serious harm’ (DPP v Smith)

Question 39

R v Dica

Answer 39

GBH includes biological harm

Question 40

R v Burstow

Answer 40

GBH includes recognisable psychiatric illness

Question 41

Can GBH be indirect? Include case

Answer 41

Yes R v Martin

Question 42

R v Bollom

Answer 42

V’s age and health can affect the severity of the injuries

Question 43

R v Brown & Stratton

Answer 43

Question of what amounts to really serious harm is an objective test

Question 44

MR for s20 GBH Include 3 cases

Answer 44

Intentionally or recklessly causing ‘some harm’. R v Mowatt D doenst have to intend or foresee serious harm R v Savage R v Parmenter

Question 45

higher level of GBH

Answer 45

Malicious wounding or inflicting Grievous Bodily Harm with Intent

Question 46

what is Malicious wounding or inflicting Grievous Bodily Harm with Intent charged under?

Answer 46

s18 OAPA 1861

Question 47

AR for s18 GBH

Answer 47

Same as for s20 GBH: wound or cause GBH

Question 48

MR for s18 GBH include cases

Answer 48

intention to cause serious harm R v Taylor: intention to wound is not enough R v Belfon: Recklessness is insufficient for s18 GBH