KA2 - Assault, battery, negligence

Question 1

ABH

Answer 1

Actual bodily harm

Question 2

GBH

Answer 2

Grievous bodily harm

Question 3

What is another name for case law?

Answer 3

Common law

Question 4

Which court makes decisions that al courts must follow?

Answer 4

Supreme Court

Question 5

Common assault

Answer 5

Assault + battery

Question 6

Where is common assault tried?

Answer 6

Magistrates Court

Question 7

Assault

Answer 7

When the D intentionally/recklessly causes the V to apprehend immediate unlawful personal violence.

V scared. No injury.

Question 8

AR of assault

Answer 8

Causing the V to apprehend immediate unlawful personal violence.

Question 9

MR of assault

Answer 9

D must intend or be reckless as to causing the V to fear immediate, unlawful personal violence. R v Savage

Question 10

Facts of Smith v Chief Constable of Woking

Answer 10

D entered private garden at 11pm and stood + looked through V bedroom window. V jumped and screamed.

D had clear intentions to cause fear. Actions frightened and caused V to apprehend unlawful violence against them. Case supports intent.

Question 11

What does the case of R v Ireland tell us about assault?

Answer 11

Silence can suffice for a charge of assault. Psychiatric harm is sufficient for ABH.

Question 12

R v Constanza

Answer 12

For two years D followed woman home and made numerous silent phone calls and wrote her 800 letters, causing the V to suffer from deppression and anxiety.

Question 13

Logdon v DPP

Answer 13

D pointed imitation gun at V. V terrified.

Case supports recklessness

Question 14

In which case is MR of assault defined and what are the facts? What does it tell us?

Answer 14

Savage
D threw beer at V. Glass slipped from D’s hand and cut V.
D must intend or be reckless as to causing the V to fear immediate, unlawful personal violence.

Question 15

What does Smith v Woking tell us?

Answer 15

• Apprehend = V has awareness of violence
• Immediate does not mean instantaneous
• D does not need to fear a specific crime, just that one might happen

Question 16

Battery

Answer 16

When the D intentionally/recklessly applies unlawful force upon victim.

V touched. No injury.

Question 17

AR of battery

Answer 17

The application of unlawful force.

Question 18

MR of battery

Answer 18

D must intend or be reckless as to the battery. R v Parmenter

Question 19

Collins v Willcock facts

Answer 19

Policewoman took hold of woman’s ar, to stop her from walking off. Woman scratched her in return. Police officer convicted for unconsensual grabbing of the arm.

Question 20

R v Thomas facts

Answer 20

Caretaker touched girl’s skirt. Girl didn’t feel it.

Question 21

Fagan v Police Commissioner facts

Answer 21

Accidentally drove onto police officer’s foot and refused to move when asked to.

Question 22

What did the D intend?

The Savage case regarding battery

No need to state facts

Answer 22

D said that she had only intended to throw the beer at the woman and that she had no intention to injure her. The fact that she intended to throw the beer meant she had the intention to apply unlawful force and this was sufficient for the mens rea of battery.

Question 23

MR of assault + battery cases

Answer 23

• R v Mohan - D accelerated in police officer’s direction intentionally
• R v Cunningham - D broke into coin gas meter with intention to steal money. Gas excaped + killed neighbour. Recklessness.
• R v Savage - D threw beer at V. Glass slipped from D’s hand and cut V. Intention + recklessness.

Question 24

Summary offences

Answer 24

Violation in common law

Question 25

What is the maximum sentencing of common assault?

Answer 25

6 months

Question 26

Essay answer structure

Answer 26

I - identify
D - define
E - explain
A - application
L - liability (conclusion)

Question 27

Essay answer for law of assault

Answer 27

• “I will explain law of assault + assess guilt.” (Identify)
• Define AR of assault
• Define MR of assault
• **Explain ** apprehension with case (AR of assault)
• Application to scenario
• Define ‘immediate’
• Apply to scenario
• Explain unlawful personal violence with case
• Apply to scenario
• Explain mens rea with intent (MR of assault)
• Apply to scenario
• Liability