Non Fatal Offences

Question 1

What is the key word for an assault ?

Answer 1

Fear

Question 2

What is the definition of assault ?

Answer 2

Lord Goff in Collins v Wilcock - an act which causes the v to apprehend immediate unlawful force

Question 3

What are the 3 parts to the Actus Reus of an assault ?

Answer 3

1) An act
2) Which causes the v to apprehend
3) Immediate force

Question 4

For assault, the d must do an act which can be ….

Answer 4

Words, gestures or even silence (Ireland )

Question 5

What is the side rule for the act of an assault ?

Answer 5

Constanza- sending letters / emails / text messages can be an act

Question 6

What is the second part of the Actus Reus for an assault ?

Answer 6

The act must cause the v to apprehend force

Question 7

What does lamb so about the apprehension for an assault ?

Answer 7

No apprehension, no assault

Question 8

What does the term apprehend mean ?

Answer 8

The v must believe that the threat is genuine / real

Question 9

What is the side rule for apprehension ?

Answer 9

Logden - even if the D meant the threat as a joke it is still assault if the V was sufficiently frightened

Question 10

What is third part for the Actus Reus for an assault ?

Answer 10

The threat of force must be immediate

Question 11

Which case created that the threat of force must be immediate was subjective to the V

Answer 11

Smith v Chief of Woking police

Question 12

What is the side rule for the threat of force must be immediate?

Answer 12

Tuberville v savage - words may negative the assault eg if I didn’t attend rsfc I’d break your nose

Question 13

What is the men’s rea for an assault ?

Answer 13

The intention ( Mohan) or recklessness ( Cunningham ) to do an act which causes the v to apprehend immediate unlawful force

Question 14

What is a battery ?

Answer 14

Eg slap, push, punch

No injuries / minor injuries

D has made contact with the V

Question 15

What is the key word for a battery ?

Answer 15

Contact

Question 16

What is the definition of a battery ?

Answer 16

Lord goff in Collins v wilcock- “The actual infliction of unlawful force”

Question 17

What is the first part of the Actus Reus for a battery ?

Answer 17

Lord goff in Collins v wilcock - “ Any touching however slight may amount to a battery “

Question 18

What is the side rule for touching in a battery ?

Answer 18

Clothing - touching the v’s clothes while they are wearing them, is almost like touching the v’s skin ( Thomas )

Question 19

What does the case of Martin state about touching in a battery ?

Answer 19

Indirect battery is still a battery ( Booby trap or malice style touching )

Question 20

For a battery the touching must be unlawful meaning ……

Answer 20

“Hostile or aggressive” ( Wilson v Pringle )

Question 21

What is the Mens Rea for a battery ?

Answer 21

The intention ( Mohan ) or recklessness ( Cunningham ) to inflict unlawful force on the V ( Venna )

Question 22

What is the key word for an ABH ?

Answer 22

Injury

Question 23

What is the definition of ABH ?

Answer 23

S.47 Offences against the person act 1861 as “ A common assault that occasions actual bodily harm “

Question 24

How many parts of the actus Reus is there for an ABH ?

Answer 24

3 parts

Question 25

What is the first part of the Actus Reus for an assault ?

Answer 25

The D must have committed an assault or a battery Outline the Actus Reus only of an assault or a battery

Question 26

What is the second part of the Actus Reus of an ABH ?

Answer 26

The assault/battery must have occasioned ( caused ) the injuries This is an issue of causation

Question 27

What is the third part of the actus Reus for an assault ?

Answer 27

The V must have suffered ABH injuries

Question 28

What is the case of law for the third part of the Actus Reus for an ABH ?

Answer 28

Miller- "any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling"

Question 29

What does the case of Chan Fook say about the injury ?

Answer 29

"The injury should be so trivial as to be wholly significant"

Question 30

What are some examples of ABH injuries ?

Answer 30

Extensive/ multiple bruising Temporary loss of sensory function Psychiatric injury- mild or temporary (Ireland/Burstow) Broken nose ,toes, fingers or hairline fracture of another bone Temporary loss of consciousness ( fainting) T v DPP Cutting the v's hair (smith) minor cuts requiring medical attention chipped/loss of a tooth

Question 31

What does GBH involve ?

Answer 31

A serious injury

Question 32

What are the two types of GBH ?

Answer 32

Section 18 Section 20

Question 33

What is the definition of section 18 GBH ?

Answer 33

Where the D intended to inflict GBH injuries on the V, or intended to resist arrest but which caused the v GBH injuries in the process

Question 34

What is the definition section 20 of GBH ?

Answer 34

Where the D did not intend to inflict GBH but intended or was reckless as to inflict some harm on the v