non fatal

Question 1

common law assault

Answer 1

s39 criminal justice act 1988- maximum prison sentence of 6 months and maximum fine of £5000

Question 2

common law battery

Answer 2

s39 criminal justice act 1988- maximum prison sentence of 6 months and maximum fine of £5000

Question 3

assault causing actual bodily harm

Answer 3

s47 offences against the person act 1861- anyone convicted of assault causing ABH shall be liable for imprisonment for 5 years

Question 4

unlawful and malicious wounding or inflicting gbh

Answer 4

s20 offences against the person act 1861

Question 5

unlawful and malicious wounding or causing gbh with intent or with intent to resist arrest

Answer 5

s18 offences against the person act 1861

Question 6

common law assault AR

r v venna

Answer 6

the victim must apprehend immediate and u lawful personal violence

Question 7

common law assault AR

r v nelson

Answer 7

court of appeal held that the D must have done something of a physical kind (words, actions) which causes someone else to think they are about to be struck

Question 8

common law assault AR

r v lamb

Answer 8

apprehend does not mean fear- just that they are aware they will be subject to violence

Question 9

common law assault AR

r v smith

Answer 9

should be immediate but not instanteous

Question 10

common law assault AR

r v ireland

Answer 10

the conduct can be words, actions or even silence

has to be unlawful

Question 11

common law assault MR

r v parmenter

Answer 11

1) intention or 2) subjective recklessness of causing the victim to apprehend immediate unlawful personal violence

Question 12

common law battery AR

r v ireland

Answer 12

infliction of u lawful personal force

Question 13

common law battery AR

cole v turner

Answer 13

the least touching of another will suffice

Question 14

common law battery AR

Fagan v metropolitan police commissioner

Answer 14

battery can be achieved through a continuing act

Question 15

common law battery AR

DPP v K

Answer 15

battery can be achieved through an i detect act

Question 16

assault occasioning abh AR

miller

Answer 16

assault or battery leading to harm which interferes with health of comfort

Question 17

assault occasioning abh AR

r v roberts

Answer 17

the assault or battery must lead to abh (usual rules of causation apply)

Question 18

assault occasioning abh AR

t v DPP

Answer 18

loss of consciousness could be ABH

Question 19

assault occaisoning abh AR

Fagan v metropolitan police commissioner

Answer 19

can be achieved through a continuing act

Question 20

assault occasioning abh AR

DPP v K

Answer 20

can be achieved through an indirect act

Question 21

s20 GBH AR

Eisenhower

Answer 21

must break all layers of skin

Question 22

s20 GBH AR

DPP V smith

Answer 22

gbh means really serious harm such as long term injury or requiring extensive medical care

Question 23

s20 GBH AR

Burtsow

Answer 23

infliction means cause, does not require a technical assault or battery so long as the D has caused the victim to suffer with GBH of wounded

Question 24

s20 GBH MR

savage

Answer 24

intending to do some injury but not serious to be caused or being reckless as to whether injury would be caused

Question 25

S18 GBH AR

Answer 25

same as s20 ar

Question 26

S20 GBH MR

r v taylor

Answer 26

intention to do some GBH

Question 27

S20 GBH MR

morrison

Answer 27

resist arrest and intend to cause some harm (not grevious)