Non fatal offences

Question 1

what are the non fatal offences in order from least worst to most worst

Answer 1

at the bottom we have common assault–
which is assault and battery
then assault occasioning actual bodily harm
then wounding/inflicting gbh
then gbh with intent

Question 2

Describe GBH with intent

Question 3

Wounding/Inflicting GBH

Question 4

Assualt occasioning actual bodily harm

Question 5

Common Assualt

Question 6

Common Assualt

Question 7

whst case defines assualt describe it

Answer 7

RvNelson defines assault as something of a phsycial kind (vocal threat silent phone call,imitating a violent action) that causes someone to think they are going to be struck

Question 8

name two other cases other than the main one explaining/giving examples for assault

Answer 8

RvConstanna- letters are assault
RvIreland-even silent phone calls

Question 9

whats appreheand imediate unlawfal force

Answer 9

the victim needs to think that the threat of force is real and possible

Question 10

what happened in r v lamb

Answer 10

pointing an unloaded gun at someone who knows the gun is unloaded is not assault, but if the person believed the gun to be loaded, then this is assault

Question 11

what’s battery
use cases

Answer 11

battery is the unlawful force tom another either through intention or recklessness
force can be described as the slightest toucing E.G Collins v Wilcock or Wood (Fraser v DPP)

Question 12

continuing act and indirect act

Answer 12

Fagan v Metropolitan Police Commissioner (1968)- the defendant was asked to move his car by a police officer and parked it on his foot. In this case, although the intention was not to hurt the victim , it became the offence of battery once the defendant had realised what he’d done and refused to move

Question 13

what is an indirect act

Answer 13

In an indirect act, the defendant cause force to be applied even though he hasn’t directly applied it himself eg setting a booby trap

Question 14

can common assault be proven as an indirect act- state evidence for this

Answer 14

In DPP v K (1990) by way of appeal to the queens bench, it was decided that ‘common assault’ which includes both assault and battery could be committed by an indirect act even if the mens rea of intention is not there. Reckless behaviour is enough

Question 15

name another case regarding indirect force -regarding a woman and a small child

Answer 15

Another case of indirect force occurred in haysted v Cheif Constable of Derbyshire (2000). In punching a woman, leading to a small child falling to the floor, the defendant was found guilty because he was reckless as to wether his actions would injure the child-transferred malice

Question 16

give an ommision case example- hint feds

Answer 16

DvPP v Santa Bermuez (2003). The policewoman asked D if he had needles in his pocket he said no. when she put her hand in his pocket she was injured by a needle. It was judges that Ds refusal to tell the police officer the truth amounted to an ommision leading to assault casing bodily harm