Non Fatal And Fatal Offences

Question 1

Lists the 2 thing’s common assault is made up of

Answer 1

1. Assault
2. Battery

Question 2

Define assault

Answer 2

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

Question 3

Define battery

Answer 3

The application of unlawful force to another person

Question 4

Name the key case that gives clarity for common assault

Answer 4

R v Nelson

Question 5

Can a note/letter result in the ar of assault

Answer 5

Yes
( R v Constanza )

Question 6

Can silence amount to the ar of assault

Answer 6

Yes
( R V Ireland )

Question 7

If the force is lawful can there be assault

Answer 7

No

Question 8

List scenarios where lawful force is not assault

Answer 8

1.Police officer arresting someone who is resisting .
2.a medical professional carrying out a procedure v consented to.
3.a venerable person carer who is trying to stop them from hurting themselves

Question 9

Definition for mr of assault

Answer 9

an act which causes the victim to apprehend the infliction of immediate, unlawful force
with either an intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such fear is caused

Question 10

Can you have battery without assault

Answer 10

Yes

Question 11

Define mr of battery

Answer 11

the application of unlawful force to another person
Intending to either apply unlawful physical force or recklessness as to whether unlawful force is applied

Question 12

Is battery and assault a basic or oblique intent

Answer 12

Basic intent

Question 13

What dose ABH stand for

Answer 13

Actual bodily harm

Question 14

Is ABH a summary/either way triable/indictable offence

Answer 14

Either way triable

Question 15

What is the maximum imprisonment for causing ABH

Answer 15

5 years

Question 16

What dose GBH stand for

Answer 16

Grievous bodily harm

Question 17

Is GBH a summary/either way/indictable offence

Answer 17

Triable either way