Non-fatal - legal principle

Question 1

R v Nelson (2013)

Answer 1

Provides definition of assault

Question 2

R v Ireland ( 1997)

Answer 2

Silence can constitute actus reus of assault

Question 3

R v Constanza (1997)

Answer 3

Words can constitute actus reus of assault

Question 4

Smith v Woking (1983)

Answer 4

For assault, immediate unlawful force means imminent, not necessarily instantaneous

Question 5

Collins v Willcock (1984)

Answer 5

Force can be slight to form actus reus of battery

Question 6

Wood (Fraser) v DPP (2008)

Answer 6

Force can be slight to form actus reus of battery

Question 7

R v Thomas (1985)

Answer 7

Touching a person’s clothing is akin to touching them

Question 8

DPP v K (1990)

Answer 8

Indirect acts can form actus reus of battery

Question 9

R v Miller (1954)

Answer 9

Defined ABH: ‘any injury or hurt calculated to interfere with the health or comfort of the victim’

Question 10

T v DPP (2003)

Answer 10

Temporary loss of consciousness is ABH

Question 11

R v Chan Fook (1994)

Answer 11

Psychiatric injury is ABH AND ABH injuries need not be permanent but must be more than trivial

Question 12

DPP V Smith (Michael) (2006)

Answer 12

Cutting ‘significant amount’ of hair is ABH

Question 13

R v Savage (1991)

Answer 13

Men rea for ABH is same as mens rea for common assault - intent or subjective recklessness

Question 14

JCC v Eisenhower (1983)

Answer 14

Internal bleeding does not constitute a wound

Question 15

R v Burstow (1997)

Answer 15

Serious psychiatric injury can constitute GBH

Question 16

R v Bollom (2004)

Answer 16

Severity of injuries assessed based on V’s age and health

Question 17

R v Morrison (1989)

Answer 17

s.18 resisting arrest = intent, subsequent injury can be reckless

Question 18

R v Taylor (2009)

Answer 18

Intent to wound not enough for s.18

Question 19

R v Dica (2004)

Answer 19

Transmitting HIV is GBH