Assault, Battery & ABH

Question 1

What act defines both assault and battery?

Answer 1

s39 Criminal Justice Act 1988

Question 2

What is the definition of assault?

Answer 2

Intentionally or recklessly causing the victim to apprehend the immediate application of unlawful personal violence

Question 3

What must there first be in an assault, otherwise it becomes a battery?

Answer 3

No physical contact

Question 4

Which three cases showed spoken words/silent phone calls, written words and gestures can amount to assault?

Answer 4

Ireland, Constanza and Mansfield

Question 5

What is meant by apprehension of personal violence?

Answer 5

Simply means the V must fear personal violence is going to happen, otherwise there is no offence

Question 6

What case showed us that there will be no assault without fear?

Answer 6

R v Lamb

Question 7

What is meant by immediacy and what case showed this?

Answer 7

Must apprehend the violence is going to happen straight away, or in the near future, Smith v CSWPS

Question 8

What is meant by causation?

Answer 8

D must be the factual (Paggett) and legal (Cheshire) cause of assault, battery or ABH

Question 9

What case can be used to demonstrate the mens rea of assault as it showed no intent of using violence?

Answer 9

Turberville v Savage

Question 10

What is the definition of battery?

Answer 10

Intentionally or recklessly applying an unlawful force to another

Question 11

How is contact defined?

Answer 11

Any touching, however slight

Question 12

What case showed battery can be committed by touching someone’s clothes?

Answer 12

R v Thomas

Question 13

What case showed us a battery can be committed by an omission?

Answer 13

DPP v Santana-Bermudez

Question 14

Is harm or pain needed for a battery, and what case can be used for this?

Answer 14

No harm or pain is needed, mere touch is sufficient, Collins v Wilcock

Question 15

What is meant by direct and indirect force?

Answer 15

Direct force is applied by the D, such as punching or slapping, indirect is where the force is not directly applied by the D, e.g. booby traps

Question 16

What case shows an indirect force?

Answer 16

DPP v K

Question 17

What case illustrates the mens rea of battery?

Answer 17

R v Venna

Question 18

What is the definition of a s.47 ABH and where does this come from?

Answer 18

Offences Against the Person Act 1861, it is an offence to commit any assault (battery) occasioning actual bodily harm

Question 19

How is ABH defined and what case does this come from?

Answer 19

R v Chan Fook, more than trivial but less than serious

Question 20

What amounted to ABH in T v DPP and DPP v Smith

Answer 20

Unconsciousness for a brief period, and damage via cutting off a ponytail

Question 21

Which case shows us psychiatric injury is a type of ABH?

Answer 21

R v D

Question 22

Which cases showed us the emotions for psychiatric injury must be beyond feeling scared, and that expert advice needs to be obtained if a person claims this?

Answer 22

R v Chan Fook

R v Morris

Question 23

What is occassioning also known as?

Answer 23

Causation

Question 24

Which two cases showed us that the mens rea for ABH is the same as the assault or battery first committed?

Answer 24

R v Roberts and R v Savage