Assault Flashcards
Do you have to make physical contact with the victim for common assault?
No.
Can you commit common assault via an omission?
No!
If A throws a punch at B, and misses, with B not realising what has happened, has A committed the offence?
No - the victim did not apprehend immediate violence.
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?
No.
Can silent phone calls amount to assault?
Yes (Victim might fear immediate violence)
What constitutes the term ‘immediate’ for common assault?
A minute or 2.
Is it necessary to prove fear for common assault?
No.
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?
Yes.
Can psychological harm amount to an ABH?
Yes.
Is unuthorised fighting allowed, ie, can the fighters consent to punching each other?
No.
Can suspended HCP’s touch patients with consent without their being an assault?
No.
For sexual gratification, can someone consent to being a victim of ABH or either GBH’s?
No.
Can someone give someone else an STI amounting to ABH or Section 20 GBH? with consent.
Yes as long as the victim agreed and knew the defendant had the infection.
If someone resists arrest, and causes wounding (without the necessary intent), what offence do they commit?
Section 18 GBH.
What offence is ‘inflicting GBH’?
Section 20 GBH
What offence is ‘causing GBH’
Section 18 GBH
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?
Yes - Transferred mens rea.
If someone uses a vehicle to cause serious harm, can they be liable for driving offences and GBH?
Yes.
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?
Yes
Does obstruction of police offence have to be committed physically?
Yes
Is flashing your lights to warn drivers of speed cameras an offence of obstruct Police?
Yes.
Is deliberately drinking alcohol before a breath test an offence of obstruct Police?
Yes.
Is providing misleading information to Police an offence?
Yes.
For the offence of assault with intent to resist arrest, can a normal member of the public be a victim here?
Yes.
