Non Fatal Offences

Question 1

Assault: governed by

Answer 1

S39 criminal justice act 1988

Question 2

Assault: assault requires the d conduct to cause the v to fear…

Answer 2

Immediate unlawful force

Question 3

Assault: word, gestures and silence can be assault

Answer 3

Ireland

Question 4

Assault: words can cancel out a threat

Answer 4

Tubervilla v Savage

Question 5

Assault: the V must fear immediate unlawful force

Answer 5

Lamb

Question 6

Assault: the D fears immediate unlawful force at some point in time not excluding the future

Answer 6

Constanza

Question 7

Assault: D intended to cause the V to fear immediate unlawful force

Answer 7

Mohan

Question 8

Assault: there is a risk of some harm from the D conduct, they realised this and still chose to take the risk

Answer 8

Cunningham

Question 9

Battery: battery is the actual … of unlawful force to another person

Answer 9

Infliction

Question 10

Battery: is governed by

Answer 10

S39 Criminal justice act 1988

Question 11

Battery: slightest touch is sufficient for battery

Answer 11

Wilcock

Question 12

Battery: everyday jostling isn’t sufficient for battery

Answer 12

Wilson v Pringle

Question 13

Battery: touching a person clothing is sufficient for battery

Answer 13

Thomas

Question 14

Battery: battery can be cause by a continuing act

Answer 14

Fagan

Question 15

Battery: battery can be caused indirectly

Answer 15

K

Question 16

Battery: can be caused by an omission

Answer 16

Santana-Bermudez

Question 17

Battery: direct intent

Answer 17

Mohan

Question 18

Battery: there is a risk of some harm from the D conduct, they realised this and still chose to take the risk

Answer 18

Cunningham

Question 19

ABH: interferes with the health or comfort of the V and is not transient (temporary) or trifling (minor)

Answer 19

Miller

Question 20

ABH: can be psychiatric harm, must be medically diagnosed from the event

Answer 20

Chan-fook

Question 21

ABH: cutting a substantial amount of hair is an example of ABH

Answer 21

Smith

Question 22

ABH: loss of consciousness is an example of ABH

Answer 22

T

Question 23

ABH: it is irrelevant that the D did not foresee or intend ABH to be caused

Answer 23

Savage

Question 24

ABH: is governed by

Answer 24

S47 Offence against the person act 1861

Question 25

GBH: governed by

Answer 25

S18 and S20 Offence against the person act 1861

Question 26

GBH: D caused GBH to the V

Answer 26

S18 GBH

Question 27

GBH: D inflicted GBH to the V

Answer 27

S20 GBH

Question 28

GBH: inflict and cause mean the same

Answer 28

Burstow

Question 29

GBH: is serous harm

Answer 29

Saunders

Question 30

GBH: age and health of the V can be considered when deciding if the harm is GBH

Answer 30

Bollom

Question 31

GBH: knowing taking the risk of transmitting a disease to another can be GBH

Answer 31

Dica

Question 32

GBH: psychiatric harm can be constitute

Answer 32

Burstow

Question 33

GBH: S18 direct intent

Answer 33

Mohan

Question 34

GBH: S18, virtually certain that death or GBH would result from the Ds conduct, although it was not their main goal, they realised it.

Answer 34

Woollin

Question 35

GBH: S18, intended to resist arrest

Answer 35

Morrison

Question 36

GBH: S20, intend to cause some harm

Answer 36

Mowatt

Question 37

GBH: S20, recklessness

Answer 37

Cunningham

Question 38

Wounding: governed by

Answer 38

S18 and S20 offence against the person 1861

Question 39

Wounding: both layers of skin had to be broken to constitute to a wound

Answer 39

Eisenhower

Question 40

Wounding: S18, intended to cause GBH

Answer 40

Taylor

Question 41

Wounding: S18, intended to resist arrest

Answer 41

Morrison

Question 42

Wounding: S20, intended to only wound

Answer 42

Taylor

Question 43

Wounding: S20, intended to cause some harm

Answer 43

Mowatt

Question 44

Wounding: S20, recklessness

Answer 44

Cunningham