Assault, Battery, ABH, GBH ( With Or Without Intent!)

Question 1

What is the section number and act for assault and battery?

Answer 1

S.39 Criminal Justice Act 1988

Question 2

Define assault

Answer 2

To intentionally or recklessly cause the apprehension of immediate force.

Question 3

What is the Actus Reus for assault?

Answer 3

Fear of immediate force

Question 4

R v Lamb

Answer 4

No fear of immediate force
-gun case

Question 5

R v Misalati

Answer 5

There was immediate fear
- racial abuse

Question 6

Chambers v DPP

Answer 6

Clearly a joke- no fear
-Twitter-terrorism

Question 7

R v Ireland
R v Constanza

Answer 7

Repeated silent calls
Loads of letters
- silence can amount to an assault

Question 8

Tuberville v savage 1669

Answer 8

Words can cancel an assault
- old fashioned case with a sword

Question 9

Smith v Chief superintendent Woking police station

Answer 9

Fear the possibility of immediate force

Question 10

What is the mens rea for assault?

Answer 10

Intention or Cunningham recklessness

Question 11

R v Cunningham

Answer 11

Saw the risk and take it anyway

Question 12

What is the definition of battery?

Answer 12

The international or reckless application of unlawful force upon another person

Question 13

What is the actus reus for battery?

Answer 13

Application of unlawful force upon another

Question 14

Fagon v Metropolitan Police Commissioner

Answer 14

Victim need not be aware that he is about to be hit
- car over policeman’s foot

Question 15

Collins v Wilcock

Answer 15

Slightest touch can be a battery

Question 16

R v Thomas

Answer 16

Touching clothes can be battery
- care taker touches 12 year old skirt

Question 17

R v Braham

Answer 17

Can be a battery even when the behaviour was meant to be affectionate
- force fed wife peas

Question 18

R v Haystead

Answer 18

Battery can be indirect act
- d punched woman- she dropped baby

Question 19

What is the mens rea for battery?

Answer 19

Intention or recklessness

Question 20

R v Venna

Answer 20

Recklessness is sufficient means rea for battery

Question 21

What is the section and act for ABH?

Answer 21

S.47 Offences Against the People act 1861

Question 22

Define ABH

Answer 22

Any assault occasioning actual bodily harm.

Question 23

What is the actus reus for ABH?

Answer 23

Assault/ battery
Occasioning
Actual bodily harm

Question 24

R v Roberts

Answer 24

Touched girls clothes- assault
Jumped out of moving car- occasioning
Injured herself- ABH

Question 25

R v Chan-Fook

Answer 25

Clinical psychiatric illness caused by defendant Not liable as has to be skin, flesh or bones.

Question 26

R v Ireland

Answer 26

Silent phone callls Psychological harm can amount to ABH

Question 27

DPP v Smith

Answer 27

Cutting hair can amount to ABH Cut pony tail off

Question 28

Is mens rea needed for ABH

Answer 28

No because there is no need to intend the further harm Guilty even if they did or did not intend.

Question 29

What is the section number and act for GBH without intent?

Answer 29

S.20 Offences Against the Person act.

Question 30

What is the actus reus for GBH S.20

Answer 30

Unlawful Wound Grevious bodily harm

Question 31

R v Brown and Stratton GBH S.20

Answer 31

POL: it’s the jury’s choice what is considered serious harm.

Question 32

R v Bollom GBH S.20

Answer 32

Takes characteristics into account 17 month old baby would get damaged more.

Question 33

R v Burstow GBH S.20

Answer 33

Psychiatric injury can be GBH Stalker

Question 34

R v Dica GBH S.20

Answer 34

Inflicting biological GBH Gave two girls HIV

Question 35

What is the key word to define the mens rea for GBH S.18?

Answer 35

Macliciously

Question 36

R v mowatt mens rea GBH S.20

Answer 36

No need to intend GBH or wounding or to be reckless, Foresight of some physical harm only is required

Question 37

What is the section number and act for wounding or causing GBH without intent

Answer 37

S.20 Offences Against the Person Act 1861

Question 38

Define GBH with intent

Answer 38

Unlawfully and maliciously by any means whatsoever wound or cause GBH to any person, with intent

Question 39

What is the Actus reus for GBH with intent S.18

Answer 39

Same as S.20 Unlawful Wound Grevious bodily harm

Question 40

What is the mens Rea for GBH with intent S.18

Answer 40

Must have the intention ( direct or indirect )

Question 41

R v Nedrick GBH with intent S.18

Answer 41

Jury will need to ask themselves did the defendant appreciate GBH was a certain consequence of their action.