assualts

Question 1

what is S18 Offences agains persons act 1861

Answer 1

Wounding or causing GBH with intent

Question 2

what is s20 OAPA 1861

Answer 2

Wounding or inflicting gbh

Question 3

what is the full offence of s20

Answer 3

Unlawfully wounding or inflicting GBH with the intention or wsa reckless to some harm

Question 4

what is the actus reus for s20

Answer 4

Unlawfully wounding or inflicting GBH

Question 5

what does the case of DPP v Smith

Answer 5

GBH = really serious harm

Question 6

in the case of Hill what does it say

Answer 6

whether V’s injury amount to GBH is a question of fact for the jury

Question 7

what was the decision made in the case of Bollon

Answer 7

impact injuries on particular victims should be taken into account

Question 8

examples of really serious injuries

Answer 8

injuries that result into permanent disability
broken/displace limbs or bones
substantial loss of blood
serious psychiatric injury

Question 9

what is the mens rea for s20

Answer 9

Maliciously towards some harm - intention or cunningham recklessness

Question 10

what does the case of Mowatt say

Answer 10

it is enough for D to foresee that some harm might result

Question 11

what is direct intention

Answer 11

d’s aim/purpose

Question 12

what is oblique intention

Answer 12

woolin virtual certainty test
1 - was some harm virtually certain as a result of D’s action
2 - Did D appreciate that was the case

Question 13

what is recklessness

Answer 13

cunningham recklessness
1 - was d aware that there was a risk that their conduct might cause some harm
2 - was the risk an unreasonable one based on the circumstance known to D?

Question 14

what is the AR of s18

Answer 14

unlawfully wounding or causing GBH - CAUSATION

Question 15

what is the MR of S18

Answer 15

Intention of causing GBH or resist or prevent the lawful apprehension or detention of any person

Question 16

what can consent apply

Answer 16

what the consent of the victim is a defence to a common assault or battery and not anything above abh or more unless it falls under the exception categories

Question 17

exceptional categories for consent

Answer 17

sporting activities, horseplau, dangerous exhibitions, surgery, body art, religious flaggellation, consensual intimate acts etc

Question 18

when is consent never a defence

Answer 18

where V has died.

Question 19

what happened in the case of barnes

Answer 19

sporting consent allowed

Question 20

what happened in the case of R v Dica

Answer 20

consented to unprotected sex but did not consent impliedly to the risk of HIV

Question 21

S39 CJA includes what two offences

Answer 21

common assault and batter

Question 22

what offence is s47 OAPA

Answer 22

Actual bodily harm

Question 23

what is the full offence of common assault

Answer 23

An act that causes v to apprehend imminent unlawful force with the intention or recklesslessness to

Question 24

what is the actus reus of common assualt

Answer 24

the act causing v to apprehend imminent unlawful force

Question 25

what does the case of fagan say

Answer 25

a common assault cannot be commmited by an omission

Question 26

what happened in the case of ireland

Answer 26

the court held that words alone can amount to an assault silence as well

Question 27

what did the case of tuberville v savage say

Answer 27

words indicating there will be no violence may prevent an act from being an assault

Question 28

what happened in the case of smithg v woking police

Answer 28

d looks through v’s window at night, causing fear is assault

Question 29

what happened in the case of constanza

Answer 29

writing in letters could be the basis of common assualt

Question 30

what is the case venna used for

Answer 30

the intetion for assault

Question 31

what is the case spratt used for

Answer 31

recklessness for assault

Question 32

what is the full offence of battery

Answer 32

an application of unlawful force by d upon v with the intention or recklessness to the use of force

Question 33

what is the actus reus for batter

Answer 33

application of unlawful force by upon v

Question 34

what did the courts say in the case of collins v wilcock

Answer 34

everyday touching is not a batter

Question 35

what does the case of faulkner v talbot say

Answer 35

touch need not be hostile, rude or agressive

Question 36

what happened in the case of haystead

Answer 36

d convicted of abtter agasinte a baby

Question 37

what is the mens rea for batter

Answer 37

intention to apply unlawful force or recklessness as to whether such force might be appleid - venna

Question 38

what is the full offence of s47

Answer 38

Common assault or battery occasioning (causing v to suffer) from actual bodily harm with the intetnion or recklessness to that common assault or abtterq

Question 39

what is the actus reus of abh

Answer 39

the actus reus for the assualt or battery occasioning abh

Question 40

what does the case of chan-fook define

Answer 40

‘harm’- there must be some injury

‘actual’ - more than merely trivial

Question 41

can psychaitric injury amount to abh

Answer 41

yes, if it involves medical conditions - confirmed in ireland

Question 42

what does occasion mean

Answer 42

cause

Question 43

what is th mens rea for abh

Answer 43

the mens rea for abh is the ame for the common or atter that has occasioned the ABH