Criminal

Question 1

What are the non fatal offences in order of seriousness and what section is each one in?

Answer 1

assault and battery - 39
assault occasioning ABH -47
wounding/inflicting GBH- s20
GBH with intent- s218

Question 2

What act is common assault under ?

Answer 2

Criminal justice act 1988

Question 3

What is the punishment for common assault

Answer 3

max of 6 months imprisonment / fine up to 5k pounds or both

Question 4

Define assault

Answer 4

causing immediate fear of unlawful force.

Question 5

What case defined that a letter can be deemed assault

Answer 5

Constanza 1997 - D wrote 800 letters to V

Question 6

What case is counted as omission being sufficient enough to constitute assault

Answer 6

Ireland 1997 where it was held that silent phone calls can be assault

Question 7

What are the two sections of Actus Reas in assault

Answer 7

An act and the apprehension of immediate unlawful force

Question 8

What is meant by “ an act “ and two case examples

Answer 8

Words or physical action seeing as omission isn’t enough. Constanza 1997 and (Ireland 1997 only omission exception)

Question 9

What is meant by “ apprehension of immediate unlawful force “

Answer 9

Act/words that cause the apprehension that immediate force is going to be used against them. Immediate force doesn’t have to be instantaneous but imminent.

Question 10

Lamb 1967

Answer 10

decided that pointing a gun at someone who knows its not loaded is not assault as they don’t fear force is going to be used against them.

Question 11

What case show that assault can be through a window?

Answer 11

Smith v Chief Superintendent of Woking Police Station 1983 - D broke into Vs window and stared through it

Question 12

What case does this principle come from - words indicating there’ll be no violence prevents it being assault

Answer 12

Turbeville 1669 - not assault because he said “ were it not assize time I would not take such language from you “

Question 13

Which case violated the “words indicating there was no violence” principle and why was it assault ?

Answer 13

Light 1857 - D raised sword over wifes head and said “ if not for the policeman outside, id slice your head open “ assault because she feared force was going to be used against her

Question 14

Define battery

Answer 14

Application of unlawful force with intent to harm others or being reckless as to whether force is applied.

Question 15

Actus Reus of battery

Answer 15

Application of unlawful force can be slightly misleading as it can include the slightest of touching and it must be a voluntary act inflicting personal violence

Question 16

A case to explain the AR of battery and what did the court point out.

Answer 16

Collins V Wilcock 1984 - 2 officers saw 2 prostitutes, asked them to get in their car she said no and tried to walk off but police grabbed her hand and she scratched him. Court pointed out that if its to get someones attention its not battery.

Question 17

Another case explaining the slightest of touching

Answer 17

Thomas 1985 - D touched the bottom of Vs skirt and rubbed it. Obiter of CoA : touching their clothes while they’re wearing them is still touching them

Question 18

Give a case example for Continuing act

Answer 18

Fagan 1968 - D accidentally parked on officers foot but when he asked him to move he refused. Court said full battery wasn’t committed until the intention was formed

Question 19

Case example for Indirect act

Answer 19

Martin 1981 where D put iron bar across a doorway in a theatre and switched off the lights, several were injured.

Question 20

When does omission make you criminally liable and a case to explain

Answer 20

when you are under a duty to act eg. santa Bermudez 2003 where police asked D if they had any sharp objects and they said no but when she checked their pockets there was a needle and it caused her to bleed. court held D failure to act constituted battery.

Question 21

When is force lawful ? A case to support

Answer 21

In the correction of a child. UK 1998 where jury acquitted father who beat his son with a garden cane.