Non Fatal Offences

Question 1

R V Nelson (2013)- Assault

Answer 1

Defines assault as something of a physical kind that causes somebody to think that they are about to be struck

Question 2

Assault - R V Constanza

Answer 2

D was sending threatening letters. Threatening letters can be seen as assault

Question 3

Assault - R V Ireland

Answer 3

Silent phone calls could also be regarded as assault

Question 4

Assault - R V Lamb

Answer 4

Pointing an unloaded gun at someone who believes the gun is loaded making them feel threatened is assault

Question 5

Assault - Smith V Chief superintendent of Woking police station

Answer 5

Fear of ‘immidiate’ force does not mean right now. It defines immediate as soon or near future

Question 6

MR and AR of assault

Answer 6

MR is either intention to cause fear of unlawful force or recklessness causing fear. Defendant must realise risk of acts for recklessness
AR is the action of the offence

Question 7

Battery- Collins V Wilcock

Answer 7

Battery is the application of unlawful force to another either through intention or recklessness.
‘Force’ can include the slightest of touching

Question 8

Battery- R V Thomas

Answer 8

Court says that touching of a woman’s skirt is equivalent to touching her

Question 9

Battery- Fagan V metropolitan police commissioner

Answer 9

Officer asked the defendant to move his care and accidentally moved and parked it onto his foot. No intention to hurt V but still offence of battery once D realised what he done and refused to move

Question 10

Battery- DPP V K

Answer 10

Appeal to the queens bench- decided that ‘common assault’ could be committed by indirect act even if mens rea of intention is not there

Question 11

Battery- Hatstead V Chief constable of Derbyshire

Answer 11

Punching a woman lead to a small child to fall, D was found guilty through recklessness- ‘transferred malice’

Question 12

MR and AR of battery

Answer 12

MR- intention to apply unlawful physical force or recklessness to whether force is applied.
AR- application of unlawful force to another person

Question 13

Omission case - DPP V Santa-Bermudez

Answer 13

Police asked D if they had needles in their pockets and replied saying no. Police put hand into the pocket and got injured by the needles. This is ABH as D refused to tell the truth and got injured

Question 14

ABH- Miller (1954)

Answer 14

‘Any hurt of injury calculated to interfere with health or comfort the victim’

Question 15

ABH- T V DPP

Answer 15

D and a group chased V. V fell to the floor and was kicked until loss of consciousness and remembered nothing until woken up by an officer. Loss of consciousness is ABH

Question 16

ABH - DPP V Smith (2006)

Answer 16

D had an argument with girlfriend and cur her ponytail and some hair on top of her head. Held that cutting a substantial amount of hair can amount to ABH

Question 17

ABH - R V Chan Fook and R V Burstow

Answer 17

Decided that psychiatric injury is ABH but pointed out that it does not include emotions like fear distress or panic and was approved by the house of lord in R V Burstow where it said ‘bodily harm’ must be a recognisable psychiatric illness.

Question 18

ABH - R V Roberts

Answer 18

D driving a car and made advances onto V who feared it would get more serious so she jumped out the travelling car (30mph) and was guilty even though did not intend the injury but intended to apply unlawful force

Question 19

MR and AR of ABH

Answer 19

MR- intention of causing the victim to fear unlawful force, subjecting them to unlawful force or subjectively recklessness
AR- assault or battery that causes ABH

Question 20

GBH s 20 - JJC V Eisenhower

Answer 20

Victim hit in the eye with a shotgun pellet but did not penetrate the eye. Instead caused severe bleeding under surface. Internal bleeding is not sufficient enough for a ‘wound’

Question 21

GBH s20 - R V Wood

Answer 21

Victims collar bone broken but skin was intact so held three was no wound. Broken bone is not considered a wound unless skin is broken as well

Question 22

GBH s 20 - R V Burtow

Answer 22

Victim of stalker suffered severe depressive illness as result and decided serious psychiatric injury case be GBH

Question 23

GBH s 20 - R V Dica

Answer 23

D had unprotected sex with two women without telling them he was HIV positive and was convicted for causing GBH through infection

Question 24

GBH s 20 - R V Lewis

Answer 24

D shouted threats at his wide and tried to break down the door. She was so frightened that she jumped through the window of a second floor flat and broke both legs. He did not ‘inflict’ the injuries but it is interpreted widely.

Question 25

GBH s 18 - R V Taylor

Answer 25

Intention to the wound is not enough

Question 26

GBH s 18- R V Morrison

Answer 26

Police arresting D, but he dived out a window, dragging her and caused her face to be badly cut by the glass. Tried to crest arrest and was reckless with his actions.

Question 27

GBH s 18- Nedrick , Woollin

Answer 27

Unless D realised that it was virtual certainty that harm could be caused as a result of his actions

Question 28

GBH s 18 - Moloney

Answer 28

Foresight of consequences is not intention, only can be used as evidence for intent

Question 29

MR and AR of s 18

Answer 29

MR- defendant must be proved to intend to do GBH or resist or prevent lawful apprehension or detainer of any person
AR- wounding or causing GBH. ‘Cause’ is very wide