ABH

Question 1

1) I - The D (name) may be liable for __.

Answer 1

1) ABH

Question 2

2) D - ABH is defined under s.47 __ against the person act __ as “ A common assault that __ actual bodily harm”.

Answer 2

1) offences
2) 1861
3) occasions

Question 3

3) E - 1. The D must have __ a common assault (assault or __ )

Answer 3

1) committed
2) battery

Question 4

4) A - APPLY - Identify whether an assault or battery may have been committed. Explain the __ __ only of the __ or battery:

Answer 4

1) actus rea
2) assault

Question 5

5) D - Define assault - Lord Goff in Collins v __ - “ An act which causes V to __ immediate __ force”

Answer 5

1) wilcock
2) apprehend
3) unlawful

Question 6

6) E - D must do an act - __, gestures, even __ (Ireland)
SIDE RULE - written letters, __, texts (___)
A - Can you see an act __ by the D?

Answer 6

1) words
2) silence
3) emails
4) constanza
5) done

Question 7

7) E - The V must apprehend __ (lamb) if there is no ___, there is no assault. This is __ to the V.
SIDE RULE - __ - even a joke can be an __ if it makes the V apprehend force (__)
A - Did the V apprehend __?

Answer 7

1) force
2) apprehension
3) subjective
4) jokes
5) assault
6) logden
7) force

Question 8

8) E - The __ of force must be immediate ( __ to the V) - (smith v chief of woking police)
SIDE RULE - words may __ the assault ( __ )
A - Did the V __ the force was __?

Answer 8

1) threat
2) subjective
3) negate
4) tuberville v savage
5) believe
6) immediate

Question 9

9) D - Battery is defined by __ Goff in Collins v wilcock as “ the __ infliction of __ force”.

Answer 9

1) Lord
2) actual
3) unlawful

Question 10

10) E - Touching - Lord Goff in Collins v wilcock. “ __ touching, however slight, may __ to a battery”
SIDE RULE: __ - touching the V’s clothing whilst they are __ them is almost like touching the V’s __ (Thomas)

Answer 10

1) any
2) amount
3) clothing
4) wearing
5) skin

Question 11

11) SIDE RULE 2 - __ battery is still a battery - (booby __ or transferee malice style __ ) - ( __ )
A - APPLY - Did the _ touch the _?

Answer 11

1) indirect
2) trap
3) touching
4) Martin
5) D
6) V

Question 12

12) E - The touching must be unlawful meaning “__ or __” (Wilson v __ )

Answer 12

1) hostile
2) aggressive
3) Pringle

Question 13

13) 2) E - The assault/battery must have ___ (caused) the __ (this is an issue of causation)
A - APPLY also add any causation issues

Answer 13

1) occasioned
2) injuries

Question 14

14) 3) E - The V must have __ __
Miller - “any hurt or injury __ to interfere with the __ and comfort of a V but must be more than __”.

Answer 14

1) ABH injuries
2) calculated
3) health
4) trifling

Question 15

15) Chan __ - “must not be so __ as to be __ insignificant”

Answer 15

1) Fook
2) trivial
3) wholly

Question 16

16) A - APPLY - what injuries has the V suffered?
1. Extensive / __ bruising
2. __ loss of sensory function
3. Psychiatric injury - __ or temporary (Ireland) ( __ )
4. Broken __, toes, fingers, or a hair line fracture of another bone.

Answer 16

1) multiple
2) temporary
3) mild
4) burstow
5) nose

Question 17

17) 5. Temporary loss of __ (fainting) - T v __
6. __ the V’s hair (S__)
7. Minor cuts requiring __ __
8. __/loss of a tooth

Answer 17

1) consciousness
2) DPP
3) cutting
4) smith
5) medical treatment
6) chipped

Question 18

18) E - ___ - only the __ __ for assault or battery is needed

Answer 18

1) savage
2) mens rea

Question 19

19) ASSAULT - Intention (__) or ___ (Cunningham) to do an act which cause the V to apprehend ___ unlawful force (Venna)

Answer 19

1) Mohan
2) recklessness
3) immediate

Question 20

20) BATTERY - __ (Mohan) or recklessness (Cunningham) to __ unlawful force on the V ( __ )
A - APPLY & conclude

Answer 20

1) intention
2) inflict
3) venna