Non- Fatal Offences

Question 1

Common assault includes…

Answer 1

Assault and battery

Question 2

Act of parliament for common assault

Answer 2

S39 of the Criminal Justice Act 1988

Question 3

Definition of assault

Answer 3

Intentionally/ recklessley causing the V to apprehend immediate unlawful violence (Fagen v MPC)

Question 4

AR of assault

Answer 4

1. Apprehend
2. Immediate
3. Unlawful violence

Question 5

What does ‘apprehend’ mean?

Answer 5

Causing V to have a general awareness of violence

Question 6

Case for apprehend

Answer 6

Smith v Supt of Woking Police

Question 7

What does ‘immediate’ mean?

Answer 7

The unlawful violence could occur within a reasonable amount of time.

Question 8

Case for immediate

Answer 8

Smith v Supt of Woking Police

Question 9

HOW can the V apprehend this unlawful violence?

Answer 9

Actions, words, gestures, silent phone calls

Question 10

Case for causing assault even when the D is joking

Answer 10

Logdon v DPP

Question 11

Case for silent phone calls

Answer 11

R v Ireland

Question 12

Case for threatening letters

Answer 12

R v Constanza

Question 13

Case for threatening letters

Answer 13

R v Constanza

Question 14

What does ‘words can nullify an assault’ mean?

Answer 14

Cancel the assault out

Question 15

Case for words nullifying an assault

Answer 15

Tuberville v Savage

Question 16

Mens rea for assault

Answer 16

Intention or recklessness

Question 17

Case for intention

Answer 17

R v Mohan

Question 18

Case for recklessness

Answer 18

R v Cunningham

Question 19

What is intention?

Answer 19

D aims or desires the outcome (R v Mohan)

Question 20

What is recklessness?

Answer 20

D realises risk and takes it anyway (R v Cunningham)

Question 21

Act of Parliament for ABH

Answer 21

S47 of the Offences Against the Persons Act 1861

Question 22

Define ABH

Answer 22

Common assault occasioning actual bodily harm

Question 23

Test 1 for ABH

Answer 23

Establish common assault - FULL assault or FULL battery AR

Question 24

Test 2 for ABH

Answer 24

Occasioning = causation

Question 25

Causation

Answer 25

1. Factual = ‘but for’ (White) 2. Legal = more than a minimal cause + operating and substantiating cause (Smith)

Question 26

Intervening acts

Answer 26

1. Act of god 2. Medical negligence (Cheshire) 3. Third party (Smith) 4. V’s own actions (Roberts)

Question 27

Test 3 for ABH

Answer 27

AR of ABH

Question 28

AR of ABH

Answer 28

Any hurt/ injury calculated to interfere with V’s health/ comfort (Miller) More than trivial/ less than serious (Chan Fook)

Question 29

Case for psych harm - ABH

Answer 29

Chan Fook

Question 30

Test 4 for ABH

Answer 30

MR

Question 31

MR for ABH

Answer 31

Intent (Mohan) Recklessness (Cunningham)

Question 32

Other rules under MR for ABH

Answer 32

Transferred malice (Latimer/ Mitchell/ Pembilton) Strict liability (Gammon/ Sweet v Parsley) Coincidence rule (Fagen v MPC/ Gammon)

Question 33

Act of Parliament for GBH

Answer 33

S18/ S20 of the Offences Against the Persons Act 1861

Question 34

Definition of GBH

Answer 34

D must unlawfully + maliciously wound or inflict grievous bodily harm.

Question 35

AR of GBH

Answer 35

Wounding (Morairity v Brookes) OR GBH ‘really serious harm’ (DPP v Smith)

Question 36

Case for psych harm - GBH

Answer 36

Burstow

Question 37

MR of S18

Answer 37

Direct intent to cause GBH (Belfon).

Question 38

MR for S20

Answer 38

Intent to cause ‘some harm’ (Mohan). OR Reckless to cause ‘some harm’ (Cunningham).

Question 39

Other rules under MR for GBH

Answer 39

Transferred malice (Latimer/ Mitchell/ Pembilton) Strict liability (Gammon/ Sweet v Parsley) Coincidence rule (Fagen v MPC/ Gammon)