Assault

Question 0

R v Ireland

Answer 0

Words alone can amount to an assault.
Depending on the case, silent telephone calls can be assault.
ABH includes psychiatric injury; it requires a proven clinical condition

Question 1

Fagan v MPC

Answer 1

Simple assault is any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal force

Question 2

DPP v UK

Answer 2

Physical assault is the infliction of unlawful personal force

Question 3

R v Miller

Answer 3

ABH means any hurt or injury calculated to interfere with the health or comfort of the victim

Question 4

DPP v Smith

Answer 4

GBH means really serious harm

Question 5

R v Savage

Answer 5

For s. 20 OAPA mens rea (intent or recklessness) in respect to some bodily harm, (e.g. ABH) suffices

Question 6

R v Clarence

Answer 6

knowledge of the assailant and of the nature of the act do suffice for a valid consent

Question 7

R v Tabassum

Answer 7

knowledge of the nature and quality of the act is also necessary

Question 8

R v Dica

Answer 8

just because the victim had consented to sexual intercourse with the defendant, did not mean that they had consented to any risk of infection from that sexual intercourse.
Unless an activity is lawful, the consent of the victim to the deliberate infliction of ABH is no defence

Question 9

R v Brown

Answer 9

Consent can be a defence to infliction of harm in lawful activities

Question 10

R v Williams Gladstone

Answer 10

Self defence: the test for reasonable force is an objective one. The defendant, however, will be judged against the (mistaken) facts as he believes them to be

Question 11

R v Martin

Answer 11

self defence: psychiatric evidence that defendant would perceive a greater threat is not admissable

Question 12

R v O’Grady

Answer 12

self defence: a mistaken belief in the need for force is no defence if that mistake is based on voluntary intoxication