Non-fatal offences

Question 1

Constanza (1997)

Answer 1

Wroter over 800 letters to D. Assault requires postitve act. Can be written.

Question 2

Misalati (2017)

Answer 2

Spit at members of staff at job centre. Assault can be spitting.

Question 3

Smith v Chief Superintentdent of Woking Police Station (1983)

Answer 3

D looked into V bedroom at 11pm and terrifed her. Assault must be imminent

Question 4

Collins v Wilcock (1984)

Answer 4

Grabbed D arm to stop her walking away. Physical restraint unacceptable in non-busy area

Question 5

Pergram v Dpp (2019)

Answer 5

Grabbed Pergram’s arm to get attention. Moderate force is acceptable to uphold public order

Question 6

DPP v K (1990)

Answer 6

Put acid in school hand drier. Battery can be indirect act.

Question 7

Fagan v Metropolitan Police Comissioner (1968)

Answer 7

Accidentally left wheel on officer foot. Later intendned to leave it. Battery can be a continuning act.

Question 8

DPP v Santa-Bermudez (2003)

Answer 8

Lied about having no sharp objects in pocket to officer and officer was later injured by sharp object. Omissions can rarely constitue battery

Question 9

Brown (1994)

Answer 9

Gay men commited sadomaschoististic sexual acts on each other. Consent is not a defence to unlawful force in absence of good reason

Question 10

JJC v Eisenhower (1983)

Answer 10

V hit in eye by shotgun pellet. Did not create wound. Wound needed for s.20 requires cut or break in skin.

Question 11

Bollom (2004)

Answer 11

17 month old bruised by D. GBH should be relative to victims age and condition.

Question 12

Dica (2004)

Answer 12

D had unprotected sex with V and infected them with HIV. Tranmission of serious disease can amount to GBH.

Question 13

Burstow (1997)

Answer 13

D stalked victim which caused severe depression. Serious psychatric injury can be GBH.

Question 13

Ireland (1997)

Answer 13

D often aclled V with silent telephone calls. Silent telephone calls can amount to assault.

Question 14

R(T) v DPP (2003)

Answer 14

D chased and kicked V causing temporary unconsciousness. Loss of consciousness, even momentarily, amounts to ABH.

Question 15

Chan Fook (1994)

Answer 15

V was temporarily scared by D locking him in a room. No permenant psychartric harm was found. Convinction was quashed. ‘Actual’ in ABH means not permenant but not so trivial as to be insignificant.

Question 16

DPP v Smith (2006)

Answer 16

D cut V’s ponytail after a fight. Cutting a substantial amount of hair can can amount to ABH.