Non Fatal Offences

Question 1

Assault Actus reus

Answer 1

Causing the victim to fear immediate unlawful violence

Question 2

A- Ireland

Answer 2

Words/silence can amount to assult

Question 3

A- Constanza

Answer 3

Words don’t have to be verbal

Question 4

A- Lamb

Answer 4

If v doesn’t FIUV then can be no assult

Question 5

A- Smith v csws

Answer 5

Immediate can mean in the immediate future

Question 6

Assault Mens rea

Answer 6

Intention or recklessness as to causing victim to FIUV (savage)

Question 7

Intention

Answer 7

Taking a decision to bring about a certain consequence (mohan)

Question 8

Recklessness

Answer 8

Foreseeing a risk but taking it anyway (Cunnigham)

Question 9

Actus reas battery

Answer 9

The application of unlawful force

Question 10

B- Thomas

Answer 10

No need to prove harm or pain the slightest of touching will suffice

Question 11

B- DPP v K

Answer 11

Can be caused through a indirect act

Question 12

Battery Mens rea

Answer 12

Intention or recklessness as to the application of unlawful force

Question 13

S.47 assault occasioning actual bodily harm ABH

Answer 13

Under offence against the person act 1861

Question 14

S.47 ABH- Actus reus

Answer 14

Assault or battery which causes ABH

Question 15

ABH- 3 parts of abh to deal with

Answer 15

1. Commit an assault or battery
2. A/B must have caused the injury
3. The injury must amount to ABH

Question 16

Actual bodily harm must be…

Answer 16

Not so trivial as to be wholly insignificant (chan fook)

Question 17

Abh- cases

Answer 17

Psychiatric injury can amount to ABH but mere emotions such as stress, panic or fear can not (Chan Fook)

Loss of consciousness even momentarily can amount to ABH (T v DPP)

Question 18

ABH mens rea

Answer 18

Intention or recklessness as to causing v to FIUV or the application of unlawful force (Roberts)