Non Fatal Cases

Question 1

Constanza

Answer 1

man wrote 800 threatening letters to women. It was held that words said or written could amount to assault

Question 2

Ireland

Answer 2

d made a series of silent phone calls to women. It was held that silent phone calls can amount to assault depending on the facts of the case

Question 3

Lamb

Answer 3

2 boys were playing with a revolver with bullets in, they didn’t believe that the gun would go off because the bullet wasn’t in line with the barrel- it did go off and shot one of the boys dead. It was held that the victim didn’t fear violence therefore there was no assault

Question 4

Smith v CPWPS

Answer 4

d peered through the window of a womans home late at night. It was held that although he couldn’t attack her immediately, he could attack her imminently- was an assault

Question 5

Tuberville v savage

Answer 5

men were arguing and one pulled out a sword and said, “if it were not assize a time, I wouldn’t take this from you”. Held that he removed the tret by saying if =no assault

Question 6

Light

Answer 6

d held a sword over his wife’s head and stated, “if the bloody police weren’t outside I would split your head open”. Held that the words were not enough to negate the Wifes fear therefore it was an assault

Question 7

Collins v Wilcock

Answer 7

police man asked woman to stop, and she said no he the grabbed her so she scratched him. Held that he had no right to touch her, so he was guilty of battery

Question 8

Wood v DPP

Answer 8

police retrained a man as he was suspected of throwing an ash tray in a pub, he pulled away from the police and was charged of battery. Held that the police man didn’t have a right to touch so he was guilty of battery

Question 9

Thomas

Answer 9

school caretaker took hold of the hem of a skirt and rubbed it. The court of appeal said in obiter that touching a victim’s clothes can be sufficient enough to battery

Question 10

Fagan v MPC

Answer 10

parked car on a police officers foot and was unaware until the police officer asked im to moved it which he refused to do. Held that battery can be part of a continuing act

Question 11

Martin

Answer 11

d placed an iron bar across the door in a theatre and turned off the lights. The audience got injured when trying to open the door. Held that battery can be through an indirect act

Question 12

DPP V K

Answer 12

15-year-old took sulphuric acid form a science lesson and placed it in a hand-drier, the person who used it got sprayed with acid. The KBD held that a common assault could be through an indirect act

Question 13

Haystead

Answer 13

punched a woman holding a child which she dropped. Was guilty of battery on the child through indirect

Question 14

Santa Bermudez

Answer 14

man didn’t tell police officer that he had sharp objects on him during a search, policewoman was stabbed by a needle. Held that battery can be through an omission

Question 15

Miller

Answer 15

petition for a divorce so her husband raped her and threw her to the ground 3 times. Held that ABH is any injury that interferes with the health and comfort of the victim

Question 16

T v DPP

Answer 16

group of people chased v and knocked him to the ground and kicked him until he was unconscious. Held that unconsciousness can be ABH

Question 17

DPP v smith

Answer 17

partners had an argument and the wife’s ponytail was chopped off. Held that hair is attached to the body and needs to be a substantial amount. Guilty of ABH

Question 18

Chan fook

Answer 18

was locked up because he was believed to have stolen an engagement ring when he tried to escape, he fractured is wrist and dislocated his hip. C of A held that a phycoatirc injury can be ABH if it goes beyond everyday fear or panic

Question 19

Robert’s

Answer 19

girl jumped out of a moving car as she was being sexually abused and injured herself. Held that d intended to apply unlawful force when he touched, he so was guilty of ABH

Question 20

Savage

Answer 20

their beer over a woman in a pub the glass slipped from he hands and cut the woman. Held that she had intended to apply unlawful force when throwing the beer which was sufficient for mens rea

Question 21

Einshower

Answer 21

victim was shot in the eye, it didn’t penetrate the eye, it was held that it was not a wound as it didn’t penetrate 2 or more layers of skin

Question 22

Wood

Answer 22

broke the victims collar bone, was guilty of GBH but not a wound as the skin was still intact

Question 23

Bollom

Answer 23

extensive bruising on a 17-month-old chid. Held that the severity of the injury’s should be assessed by the age and vulnerability of the victim

Question 24

Burstow

Answer 24

woman was harassed for 8 months by her ex-partner and became severely depressed. Held that a phcatric injury can be GBH

Question 25

Dica

Answer 25

unprotected sex with victims without telling them he was HIV positive; they became infected. This was the first ever case for infecting victims with HIV however the virus has to be life limiting

Question 26

Lewis

Answer 26

shouted threats at his wife through a door, when he tried to break through, she jumped out the window and broke both legs. Held that threats could be considered as assault linked by causation to GBH

Question 27

Cunningham

Answer 27

tore gas meter off the wall to steal the Monday and poised the next-door neighbour. Held that GBH didn’t need o be malicious only needs intent or recklessness

Question 28

Parameter

Answer 28

injured 3-month-old baby by throwing and catching them, he had done this with slightly older children and didn’t realise there was a risk of injury. Held that the d only had to foresee some risk or harm

Question 29

Taylor

Answer 29

found with scratches on his face and a stab wound in the back. Held that an intention to wound was not sufficient for s18- intention for GBH only- no mens rea

Question 30

Morrison

Answer 30

police officer seized an arrested the d e dragged her through a window and cut the policewoman badly. Held that resisting arrest is sufficient for mens rea of s18