Non Fatal Offence

Question 1

S39- Tuberville V savage (1669)
What does assault mean?

Answer 1

Assault is any act which causes V to apprehend immediate or unlawful violence
Facts: put his hand on sword and said “if king wasn’t here, I would have assault you”
Held: not guilty
Ratio: Ds word took away MR. he indicted a lack of intent

Question 2

R V Lamb (1996)

Answer 2

Facts: friends playing with gun. Other shoots whilst killing friend
Held: not guilty
Ratio: Assualt requires V to apprehend, immediate and unlawful violence

Question 3

Logdon V DPP

Answer 3

Facts: D pointed an imitation gun at women and scared her
Held: guilty
Ratio: assault requires bit time to apprehend immediate and unlawful violence. Gun was a replica.

Question 4

R v Ireland (1996)

Answer 4

Facts: faked phone calls to 3 women
Held: guilty
Ratio: Assault requires victim to apprehend immediate and unlawful violence. V didn’t know so they were scared.

Question 5

Smith V superintendent woking place (1983)

Answer 5

Facts: man peered through window, scared her whilst she called police
Held: guilty
Ratio: apprehend immediate and unlawful violence. Despite being safely locked, V still feared

Question 6

R V Venna

Answer 6

Facts: whilst being arrested, kicked police officer hand and broke it
Held: guilty
Ratio: Assault requires D to intend or cause unlawful violence whilst knowing the risk but doing it regardless

Question 7

S39- Cole V turner
What is battery?

Answer 7

Ratio: “The least touching of another person in anger”
Application of unlawful force upon a victim

Question 8

R v Thomas

Answer 8

Facts: touchy Thomas. Touched the hems
Held: Guilty for battery but not guilty for indecent assault
Ratio: include the application of unlawful force to Vs clothes

Question 9

DPP V K (a minor)

Answer 9

Facts: put some acid in hand dryer. Victim used it n was blown onto his facts
Held: guilty
Ratio: battery can be inflicted indirectly

Question 10

R V HAYSTEAD

Answer 10

Facts: man hit his women that was holding the baby
Held: guilty
Ratio: battery committed direct to mother n indirect to baby

Question 11

R V SANTA-BERMUDEZ

Answer 11

Facts: police officer asked to check if he got any pins in his pocket. So he checked
Held: guilty
Ratio: Ds limited on accidental harm caused battery

Question 12

S47- R V Miller
Start of ABH

Answer 12

“Any hurt or injury calculated to interfere the health and comfort”

Question 13

R V CHAN FOOK

Answer 13

Facts: V tried to escape out of window and got hurt
Held: Guilty
Ratio: psychiatric injury must be more than trivial

Question 14

T V DPP

Answer 14

facts: tried chasing and left women conscious
Held: guilty
Ratio: Momentarily loss of conscious is ABH

Question 15

DPP V MICHael (smith)

Answer 15

Facts: cut off a girls hair
Held: guilty
Ratio: cutting off substantial amount of hair is sufficient for ABH

Question 16

R V SAVAGE

Answer 16

Facts: throw a glass of wine at member in pub
Held: guilty
Ratio: had intended to throw drink (battery) V had sufficient intention

Question 17

What is grievous bodily harm?
DPP V SMITH S20

Answer 17

Inflicted wound/harm upon a victim
“Really serious harm”

Question 18

R V Martin

Answer 18

Gbh doesn’t have to be directly inflicted

Question 19

R V Brown + Stratfon

Answer 19

Several minor injuries can amount to GBH

Question 20

R v Burstow

Answer 20

Serious physiatrist injury can be GBH

Question 21

JJC V Eisenhower

Answer 21

Wound requires to break in skin surface

Question 22

R V Dicca

Answer 22

GBH can be biological

Question 23

What is GBH under the Act 18?
R v Belfon

Answer 23

Really serious harm. Intend
Intend causing wound/GBH