Criminal Justice Act 1988

Question 1

Lewis 1970

Answer 1

Common assault
D causes victim to apprehend unlawful immediate personal violence- no actual harm is necessary. D threatened wife so she jumped out of the window.

Question 2

Smith v Chief Superintendent of Woking Police Station 1983

Answer 2

Common assault
Imminent does not mean immediate.
D could not fear assault immediately because she was outside.

Question 3

Logdon v DPP 1976

Answer 3

Common assault
D incapable of / does not intend act is no defence.
Pointed a fake gun at a woman.

Question 4

R v Ireland, R v Burstow 1997

Answer 4

Common assault
D made a series of silent phone calls.
Assault can be committed by words or silence.

Question 5

Constanza 1997

Answer 5

Common assault

Letters can be an assault. D sent over 800 threatening letters to an ex-work colleague.

Question 6

Collins v Wilcock 1984

Answer 6

Battery

Harm/physical force is necessary. Touching is enough- police officer grabbed a woman’s arm.

Question 7

Fagan v Metropolitan Police Commissioner 1969

Answer 7

Battery

Battery can be completed by omission. Omits to remove car from police’s foot.

Question 8

F v West Berkshire Health Authority 1989

Answer 8

Battery

Touching has to be hostile. Doctor was able to operate on a patient unable to consent. But R v Brown 1993?