CATP assaults

Question 1

Assault criteria’s

Answer 1

Words do not equal assault =separate offence
AR indirect/ direct threats with actions
MR intention to harm

Question 2

Quinn V Lees

Answer 2

Indirect
Facts: set dog to attack a group pled that it was the dog and not him so he cannot be responsible

Held:
It is possible to commit assault with indirect actions so is his fault cause he told the dog to go fetch = intention

Question 3

Aitken V Wood

Answer 3

Facts:
Left red mark of arm pled wasn’t significant damages to be assault

Held: it was sufficient

Question 4

Hussain

Answer 4

Facts:
Innapripruate medical examinations study everywhere except injuries pled women consented to examinations

Held: that women only consented for proper medical examinations in reasonable scope to injury

Question 5

Philips

Answer 5

Facts:pretends to shoot people to scare them and injures poachers pled it was a joke and didn’t mean anyone to get injured

Held:
Intention to scare people caused alarm for personal safety fact it was a joke = irrelevant

Question 6

Aggravated assault criteria’s

Answer 6

Same as assault but with intention

Question 7

Gibb

Answer 7

Facts;
Intent to ravish

Held:
Prosecuted as aggravated assault before sexual offences act

Question 8

Kirkwood

Answer 8

Facts : uses hammer to assault someone causing internal injury

Held : aggravated assault

Question 9

Assault v aggravated assault

Answer 9

Aggravated assault :
Motive involved racism prejudice
Minor assault with prejudice or weapons
More severe aggregation = severer sentencing

Question 10

Defences :
Consent
Smart v Hma

Answer 10

Facts: square go fight at a party

Held:
Cannot consent to assault even
Cps chooses to prosecute not parties