NFOAP

Question 1

What is the AR for assault

Answer 1

An act which causes the V to apprehend the infliction of immediate unlawful force

Question 2

What is the MR for assault

Answer 2

Intention or recklessness as to whether V apprehends the infliction of immediate unlawful force

Question 3

Ireland 1997

Answer 3

Silent phone calls can be an assault

Question 4

Constanza 1997

Answer 4

COA held that letters could be an assault

Question 5

Logdon v DPP

Answer 5

Pointing a gun at somebody can be an assault

Question 6

Smith v Woking 1983

Answer 6

Immediate does not mean instantaneous, but ‘imminent’, so an assault can be through a closed window

Question 7

Tuberville v savage 1669

Answer 7

Words can negate an assault

Question 8

What is the AR for battery

Answer 8

The application of unlawful force

Question 9

What is the MR for battery

Answer 9

MR is intention or recklessness as to whether unlawful force is applied

R v Venna

Question 10

Collins v Wilcock 1984

Answer 10

‘Force’ can be the slightest touch

Question 11

R v Thomas 1985

Answer 11

Touching a persons clothes while they are wearing them is equivalent to touching them

Question 12

DPP v Santana Bermudez

Answer 12

A battery can be commuted through an omission

Question 13

DPP v K 1990

Answer 13

Battery can be committed through an indirect act

Question 14

Wilson v Pringles 1986

Answer 14

There is implied consent given to the ‘ordinary jostling’ of everyday life

Question 15

What is the AR for ABH s.47

Answer 15

D must have committed an assault or a battery which caused actual bodily harm

Question 16

What is the MR s.47

Answer 16

R v Savage 1992
D must intend or be reckless as to whether V fears or is subjected to unlawful force

Question 17

R v Miller 1954

Answer 17

Actual bodily harm is any harm or injury that interferes with the health or comfort of the victim

Question 18

R v Chan Fook 1994

Answer 18

Recognisable psychiatric injury was classed as ABH

Question 19

R(T) v DPP 2003

Answer 19

Loss of consciousness, even momentarily, was held to be ABH

Question 20

DPP v Smith (Michael) 2006

Answer 20

Cutting off a substantial amount of hair could amount to ABH

Question 21

What is the AR for s.20

Answer 21

Wounding; or inflicting grievous bodily harm

Question 22

What is the MR for s.20

Answer 22

intention or recklessness as to whether some harm was done

DPP v A

Question 23

JCC v Eisenhower 1983

Answer 23

A wound is a cut or a break in the continuity of the whole skin

Question 24

R v Wood 1830

Answer 24

If a broken bone is sticking out of the skin, it’s is a wounds if it’s just a broken bone (not sticking out) this is not a wound but GBH.

Question 25

DPP v Smith 1961

Answer 25

GBH means ‘really serious harm’

Question 26

R v Brown and Stratton 1998

Answer 26

A combination of injuries suck as bruising, broken nose, missing teeth and concussion were hold to be GBH

Question 27

R v Dica 2004 And R v Rowe 2018

Answer 27

Inflicting HIV can amount to GBH

Question 28

R v Goulding 2014

Answer 28

Inflicting heroes can amount to GBH

Question 29

What’s the AR of s.18

Answer 29

Same as s.20 Wounding; or inflicting grievous bodily harm

Question 30

What is the MR for s.18

Answer 30

Specific intent D must have intended to wound or cause GBH; or maliciously (recklessly) resist arrest

Question 31

R v Belfon 1976

Answer 31

For s.18 it must be clear that D set out to do some serious harm. Recklessness is not enough.

Question 32

R v Morrison 1989

Answer 32

COA held that D must either intended injury or realised there was a risk of injury and took that risk

Question 33

JCC v Eisenhower

Answer 33

A wound is a cut or a break in the continuity of the whole skin

Question 34

R v miller

Answer 34

Actual bodily harm is any harm or injury that interferes with the health or comfort of the victim

Question 35

R v Bollom

Question 36

R v brown and Stratton

Answer 36

A combination of injuries such as bruising, broken nose, missing teeth and concussion were held to be GBH

Question 37

R v dica

Answer 37

Inflicting HIV can amount to GBH