Assault

Question 1

Do you have to make physical contact with the victim for common assault?

Answer 1

No.

Question 2

Can you commit common assault via an omission?

Answer 2

No!

Question 3

If A throws a punch at B, and misses, with B not realising what has happened, has A committed the offence?

Answer 3

No - the victim did not apprehend immediate violence.

Question 4

If A threatens B with an imitation firearm, but B know’s this and know’s the firearm is incapable of harming them, does A commit an assault?

Answer 4

No.

Question 5

Can silent phone calls amount to assault?

Answer 5

Yes (Victim might fear immediate violence)

Question 6

What constitutes the term ‘immediate’ for common assault?

Answer 6

A minute or 2.

Question 7

Is it necessary to prove fear for common assault?

Answer 7

No.

Question 8

If someone says they don’t have a needle in their pocket, and the officer searches that persons pocket with that information, and the officer pricks himself on a needle that the person knew was in there, is the person liable for battery?

Answer 8

Yes.

Question 9

Can psychological harm amount to an ABH?

Answer 9

Yes.

Question 10

Is unuthorised fighting allowed, ie, can the fighters consent to punching each other?

Answer 10

No.

Question 11

Can suspended HCP’s touch patients with consent without their being an assault?

Answer 11

No.

Question 12

For sexual gratification, can someone consent to being a victim of ABH or either GBH’s?

Answer 12

No.

Question 13

Can someone give someone else an STI amounting to ABH or Section 20 GBH? with consent.

Answer 13

Yes as long as the victim agreed and knew the defendant had the infection.

Question 14

If someone resists arrest, and causes wounding (without the necessary intent), what offence do they commit?

Answer 14

Section 18 GBH.

Question 15

What offence is ‘inflicting GBH’?

Answer 15

Section 20 GBH

Question 16

What offence is ‘causing GBH’

Answer 16

Section 18 GBH

Question 17

If A throws a bottle at B, B ducks and the bottle hit C who requires stitches, does A commit a S.18 Against C?

Answer 17

Yes - Transferred mens rea.

Question 18

If someone uses a vehicle to cause serious harm, can they be liable for driving offences and GBH?

Answer 18

Yes.

Question 19

If a person is assaulted for assault on an emergency worker, and it is later found the arrest is unlawful, but the DP assaults a custody worker, do they commit the offence of assault of an emergency worker whilst in custody?

Answer 19

Yes

Question 20

Does obstruction of police offence have to be committed physically?

Answer 20

Yes

Question 21

Is flashing your lights to warn drivers of speed cameras an offence of obstruct Police?

Answer 21

Yes.

Question 22

Is deliberately drinking alcohol before a breath test an offence of obstruct Police?

Answer 22

Yes.

Question 23

Is providing misleading information to Police an offence?

Answer 23

Yes.

Question 24

For the offence of assault with intent to resist arrest, can a normal member of the public be a victim here?

Answer 24

Yes.

Question 25

Regarding the offence of threats to kill, must the defendant intend that the victim fears the threat would be carried out?

Answer 25

Yes.

Question 26

When can you consent to being strangled?

Answer 26

When the consenting party agrees to the strangle, and does NOT suffer serious injury or harm.