Non-Fatal Offences

Question 1

s39 Criminal Justice Act 1988 & Common Law

Answer 1

Assault & Battery

Question 2

Fagan v MPC

Answer 2

D must intentionally or recklessly cause the victim to apprehend immediate unlawful violence

a. apprehend
b. immediate
c. unlawful violence
d. intentionally/recklessly

Question 3

Smith v Supt. of Woking; Logdon

Answer 3

Apprehend means that V must be aware that they are about to be subjected to some kind of violence

1. An awareness of general violence is enough
2. V can have a general awareness even where D is joking

Question 4

Smith v Supt. of Woking

Answer 4

Immediate means that V apprehends being subjected to violence within a reasonable time

1. Outside V’s house was enough to be immediate as could come inside shortly in near future

Question 5

Ireland; Constanza; Tuberville v Savage

Answer 5

Unlawful violence can be apprehended due to the use of words, gestures or other means;
no force need actually be applied to V

1. Silent telephone calls caused V to apprehend violence
2. 800 unwanted letters caused V to apprehend violence
3. Words can nullify an assault

Question 6

Savage

Answer 6

Assault
Intention to cause another to apprehend the application of immediate unlawful violence or recklessness as to whether such apprehension is used

Battery
Intention to apply unlawful physical force or recklessness as to that force being applied

Question 7

Collins v Wilcock

Answer 7

Any touch, however slight is a battery unless generally acceptable within ordinary conduct of daily life

V must not consent to the touch; does not require V to suffer harm or pain

Question 8

Cole v Turner

Answer 8

Slightest touch can amount to battery where it is done in anger

Application of unlawful force can be by any touching, however slight

Question 9

Haystead v DPP

Answer 9

The application of force can be indirect

Question 10

s47 Offences Against the Person Act 1861

Answer 10

Common Assault means there must be an assault or a battery

Occasioning means causing - the common assault must cause the harm.

Question 11

Smith (ABH)

Answer 11

D’s common assault contributes to the harm in a more than minimal way

Question 12

White (ABH)

Answer 12

But for D’s common assault, V would not have been harmed

Question 13

Chan Fook; Donovan

Answer 13

ABH means ‘more than trivial but less than serious harm’ ; or ‘any hurt or injury calculated to interfere with the victims health or comfort’

Question 14

DPP v Smith

Answer 14

ABH includes any type of hurt or damage

Question 15

Chan Fook

Answer 15

Can be psychiatric but must be beyond mere emotion

Question 16

DPP v K

Answer 16

Can be caused indirectly

Question 17

R v Roberts

Answer 17

D only needs to have the mens rea for the initial common assault; D need not intend or be reckless as to harm V suffers

Question 18

s20 OAPA 1861

Answer 18

D must wound or inflict grievous bodily harm on V

Question 19

DPP v Smith

Answer 19

‘Grievous’ means ‘really serious harm’

Question 20

Burstow

Answer 20

Serious psychiatric injury is capable of being GBH;

Clinical depression after being stalked, harassed

Question 21

Dica

Answer 21

Biological harm can be classified as GBH

Question 22

Bollom

Answer 22

V’s age and circumstances can mean that injuries are considered more serious

a. multiple abrasions, bruises on infant qualified as GBH

Question 23

Brown & Stratton

Answer 23

Several less serious injuries in combination can amount to GBH

Question 24

Moriarty v Brookes

Answer 24

A wound is ‘a break to the continuity of the whole skin’

Question 25

R v McReady

Answer 25

An internal cavity that bleeds outside of the body is a wound

ie. nosebleed

Question 26

JCC v Eisenhower

Answer 26

An internal injury that only bleeds inside is not a wound in law

ie. burst blood vessel is internal bleeding

Question 27

Savage (s20)

Answer 27

Intention or recklessness as to inflicting some harm. D does not need to intend or risk serious injury to be liable under s20

Question 28

s18 OAPA 1861

Answer 28

D must intend GBH or wounding; s18 is a specific intent crime

Question 29

Belfon

Answer 29

D must intend really serious harm; recklessness is not enough (s18)

Question 30

Taylor

Answer 30

Even for ‘wounding’ under s18, D must intend really serious harm; intention to wound is not enough