non fatal offences

Question 1

what is the actus reus of assault

Answer 1

a n act (1) which causes the victim to apprehend unlawful(2)

Question 2

what case shall be sued to back up the actus rea of assault

Answer 2

smith v Woking

Question 3

actus reus of a battery

Answer 3

application of unlawful force to another person

Question 4

what is the case law for actus reus battery

Answer 4

Collins V Wilcock/ smith v Woking

Question 5

what is the case law for a continuing act

Answer 5

Fagan v metro police commissioner

Question 6

what is the case law for an indirect act

Answer 6

R v K ( acid hand dryer)

Question 7

what is the mens rea of battery

Answer 7

intention to cause unlawful immediate harm to another or recklessness weather unlawful force is applied

Question 8

what is the mens rea of assault

Answer 8

intention to cause another to fear the application of unlawful force

Question 9

name 3 cases law for assault and battery

Answer 9

wood v DPP(1), DPP v Santa- Bermudez(2), Tuberville v Savage

Question 10

what section defines ABH

Answer 10

S47 OAPA 1861

Question 11

Is a S4 offence a : summary offence, indictable offence or triable-either way

Answer 11

Triable-either way

Question 12

what did harm have to be from R v Chan fook

Answer 12

more than trivial

Question 13

what is the actus reus of S47 OAPA

Answer 13

an assualt or battary that causes ABH

Question 14

what is the definition of bodily in ABH

Answer 14

includes harm to the : skin, flesh clothes but also can be psychiatric and nervous

Question 15

what is the case that defines ABH

Answer 15

R v Chan Fook
actual: not to be so trivial as to wholly insignificant
bodily: can include: skin, flesh but also psychiatric and nervous system
harm: R v Miller ‘ any hurt or injury calculated to interfere with the health or comfort of the victim

Question 16

what is the definition of a wound

Answer 16

A cut or break in the skin ( JJC v Eisenhower

Question 17

what is the definition of GBH and the case law that defines it

Answer 17

GBH means really serious harm DPP v Smith

Question 18

what consideration determines the severity of the harm

Answer 18

age and health defined in R v Bollom

Question 19

what is the mens rea of a s20 OAPA

Answer 19

intention to cause specific harm that was in fact done(1) recklessness weather such harm should occur or not.

Question 20

what is the actus rea of a S20 offence

Answer 20

wounding(1) or inflicting grievous bodily harm(2)

Question 21

what is S18 regularly referred to as?

Answer 21

wounding with intent

Question 22

what is the max sentence for a s20 offence

Answer 22

5 years imprisonments

Question 23

what is the max imprisonment for a s18 sentence

Answer 23

life imprisonment

Question 24

is a s18 a summary offence, indictable offence or triable-either way

Answer 24

indictment at the crown court

Question 25

is a s20 a offence summary offence, indictable offence or triable-either way

Answer 25

triable either way

Question 26

what is the actus reus of a s18 offence

Answer 26

wounding(1) or causing Grievous bodily harm(2)

Question 27

psyciatric harm is defined in?

Answer 27

R v Burstow

Question 28

What was determined in R v Dica

Answer 28

Not disclosing a STA can be considered GBH if transmitted

Question 29

what type of offence is a s18 offence

Answer 29

specififc intent offence

Question 30

what is the actus reus of s20 offence

Answer 30

1) wounding, 2) inflicting gbh

Question 31

mens rea of a s20 offence

Answer 31

intending to cause injury, 2) being reckless as to causing the harm

Question 32

what was the precident that was set ut on R v Paramneter

Answer 32

The definition in cunningham can be used in all offences that use the word maliciousy