NFO

Question 1

Where is assault defined?

Answer 1

Assault is defined in common law

Question 2

Actus reus of assault

Answer 2

Causing the victim to apprehend immediate unlawful force and involves no physical contact.

Question 3

Case law for threatening action (actions)

Answer 3

Read v Coker: Gestures/physical actions can be an assault

Question 4

Case law for threatening action (words)

Answer 4

R v Ireland - Assault can be carried out by spoken word and by silence.

Question 5

Case law for threatening action (written words)

Answer 5

R v Constanza - An Assault can be carried out by written words.

Question 6

Case law for the negation of assault

Answer 6

Turberville v Savage - If D says something that indicates there will be no violence, then these words will negate an assault.

Question 7

Case law for apprehension of force

Answer 7

DPP v Logdon - It is possible for V to apprehend force even if the use of force is not possible.

Question 8

Case law for apprehension being immediate

Answer 8

Smith v CCoW - Legal Principle: immediate means in the near future.

Question 9

Mens rea for assault

Answer 9

Direct intention or recklessness as to causing it to apprehend immediate unlawful force.

Question 10

where is battery defined?

Answer 10

Battery is defined in common law.

Question 11

Actus reus of battery

Answer 11

D applies unlawful force to V, this will involve physical contact but no injury.

Question 12

Case law that explains where force is unlawful

Answer 12

Wilson v Pringle - unlawful force is force that is hostile (meaning unwanted or agressive) and goes beyond the ordinary jostlings of life

Question 13

Case law that defines force

Answer 13

R v Thomas - Unlawful force can be the lightest touch, touching clothing is the same as touching the person.

Question 14

Where is the application of force not unlawful?

Answer 14

During the ordinary jostlings of everyday life, i.e. bumping into someone. Or where there is implied consent, i.e. judo match etc…

Question 15

How force can be applied to V (Continuing Act)

Answer 15

Fagan v MPC - (Force can be applied via a continuing act).

Question 16

How force can be applied to V (Via Object)

Answer 16

DPP v K - (Force can be applied indirectly, e.g. via an object).

Question 17

How force can be applied to V (Omission)

Answer 17

DPP v Santana-Bermudez - (Force can be applied by an Omission, but only where D has a duty to act and fails to perform that duty).

Question 18

Mens Rea of battery

Answer 18

It is either intention or recklessness to apply unlawful force on/to another person.

Question 19

Where is ABH defined?

Answer 19

s47 Offences Against the Person Act 1861

Question 20

Sentence for ABH

Answer 20

ABH is a triable either way offence, meaning it can either go to the crown court (5 years max) or the Mags court (6 months + or unlimited fine)

Question 21

Actus reus of ABH

Answer 21

An assault or a battery which causes actual bodily harm to V

Question 22

Case law that gives a definition to ABH

Answer 22

R v Chan Fook - ABH is ‘an injury not so trivial as to be insignificant’

Question 23

What does C** **k say about

Answer 23

Psychiatric harm counts as ABH but mere emotions that only last in the moment don’t

Question 24

Examples of injury that may be ABH

Answer 24

Black eye, broken teeth, Bruising, Broken fingers/toes, cracked rib, Psychological.

Question 25

Examples of psychiatric injury that may be ABH

Answer 25

Depression/anxiety disorder, sleep disorder, panic attacks, OCD.

Question 26

Case law for other injury's counting as ABH (Hair)

Answer 26

DPP v Smith - Cutting off a person's hair can amount to ABH

Question 27

Case law for other injury's counting as ABH (consciousness)

Answer 27

T v DPP - Even a very short loss of Consciousness

Question 28

Mens rea for ABH

Answer 28

Intention or recklessness as to cause either assault or battery

Question 29

What does D not need to do? (relating to the MR and what is the case that supports this?)

Answer 29

R v Savage - D does not need to intend/be reckless as to causing ABH to V, they just need the mens rea of the assault or battery to be enough for an ABH conviction.

Question 30

Where is GBH defined?

Answer 30

under s20 and s18 of the Offences Against the Person Act 1861

Question 31

Actus reus of wounding

Answer 31

To unlawfully wound a person

Question 32

Case Law for definition of a wound

Answer 32

JCC v Eisenhower - a cut or break in at least 2 layers of the skin.

Question 33

Mens rea of wounding

Answer 33

**R v Mowatt -** s20 Direct intention (Mohan) or recklessness (Cunningham) as to cause **some** harm **R v Belfon** - s18 Direct intention (Mohan) or oblique intention (Woollin) to cause **really serious** harm

Question 34

Actus reus of GBH

Answer 34

To inflict/cause grievous bodily harm on a person

Question 35

Case law for definition of GBH

Answer 35

DPP v Smith - 'really serious harm', but not life-threatening.

Question 36

Case law for psychiatric harm

Answer 36

R v Burstow - Serious psychiatric harm can ammount to GBH

Question 37

Case law for biological harm

Answer 37

R v Dica - serious biological harm can ammount to GBH

Question 38

Case law for accumulation of minor injuries

Answer 38

R v Brown and Stratton - GBH can be an accumulation of more minor injuries

Question 39

Case law for Age and Health consideration

Answer 39

R v Bollom - Age and health are factors that can be considered when deciding whether the injuries are serious enough to be GBH.

Question 40

Case law for indirect GBH

Answer 40

R v Martin - GBH can be committed indirectly

Question 41

Mens rea for GBH (s20)

Answer 41

Direct intention (Mohan) or Recklessness (Cunningham) to cause some harm - R v Mowatt

Question 42

Mens rea for GBH (s18)

Answer 42

Direct (Mohan) or Oblique Intention (Woollin) as to cause really serious harm - R v Belfon

Question 43

Basic structure

Answer 43

Identify, Define, Explain AR1, Apply AR1, (Explain AR2, Apply AR2), Causation, Explain Mens Rea, Apply Mens Rea