non-fatal offences

Question 1

actus reus of assault

Answer 1

causing victim to apprehend immediate unlawful force

Question 2

mens rea of assault

Answer 2

intention or recklessness as to causing the victim to apprehend immediate unlawful force

Question 3

what are the three key elements within the actus reus of assault

Answer 3

• an act
• apprehend
• immediate

Question 4

case for words amounting to assault

Answer 4

R v Constanza

Question 5

case for silence amounting to assault

Answer 5

R v Ireland

Question 6

cases for gestures amounting to assault

Answer 6

• Stephen v Myers
• Logdon v DPP

Question 7

case for words may negate an assault

Answer 7

Turberville v Savage

Question 8

what is apprehend in assault

Answer 8

the victim must have a genuine belief that something violent is about to happen

Question 9

key case for apprehend in assault

Answer 9

Logdon v DPP

Question 10

key case for assault not occurring and victim not apprehending immediate unlawful force

Answer 10

R v Lamb

Question 11

what is immediate in assault

Answer 11

fear of immediate force is necessary

Question 12

key case for immediate in assault

Answer 12

Smith v CSWPS

Question 13

what is direct intention + case

Answer 13

defendants main aim or purpose was to cause the victim…
Case is Mohan

Question 14

what is recklessness + case

Answer 14

defendant knew there was a risk of… because of his actions but continued to take the risk
Case is Cunningham

Question 15

actus reas of battery

Answer 15

applying unlawful force

Question 16

case for touching victims clothing

Answer 16

R v Thomas

Question 17

case for lack of consent

Answer 17

Collins v Wilcock

Question 18

cases for indirect act

Answer 18

• DPP v K
• Haystead v DPP

Question 19

case for continuing act

Answer 19

Fagan v MPC

Question 20

case for an omission causing battery

Answer 20

DPP v Santana-Bermudez

Question 21

mens rea of battery

Answer 21

intention or recklessness as to applying unlawful force

Question 22

actus reus of s.47

Answer 22

assault occasioning actual bodily harm

Question 23

what are the three key elements in s.47

Answer 23

• assault
• occasioning
• actual bodily harm

Question 24

what does assault mean in s.47

Answer 24

‘assault’ means an assault or battery

Question 25

what does occasioning mean in s.47

Answer 25

means 'causing' Factual and legal causation needs to be proven

Question 26

how did R v Miller define ABH

Answer 26

'any hurt or injury calculated to interfere with the health and comfort of the victim'

Question 27

what did R v Chan Fook establish in ABH

Answer 27

injury can't be trivial or insignificant AND psychiatric harm could also amount to ABH providing that it's more than 'mere emotions'

Question 28

what are some examples of ABH

Answer 28

- extensive bruising - broken nose - sprained ankle

Question 29

what is the mens rea of s.47

Answer 29

intention or recklessness as to the initial assault or battery

Question 30

what was established in R v Savage about ABH

Answer 30

defendant doesn't need to intend or be reckless about causing ABH

Question 31

actus reus of S.20 OAPA 1861

Answer 31

unlawful and malicious wounding or inflicting GBH

Question 32

actus reus of S.18 OAPA 1861

Answer 32

unlawful and malicious wounding or causing GBH

Question 33

what was confirmed in R v Barstow about s.18 and s.20

Answer 33

inflicting means causing, making the actus reas of both offences identical

Question 34

what is the definition of wound + case

Answer 34

requires both layers of skin to have been broken JJC v Eisenhower

Question 35

what is the definition of GBH + case

Answer 35

really serious harm DPP v Smith

Question 36

what was established in R v Burstow about GBH

Answer 36

GBH includes serious psychiatric harm

Question 37

what was established in R v Brown and Stratton about GBH

Answer 37

combination of injuries can amount to GBH

Question 38

what was established in R v Bollom about GBH

Answer 38

particular characteristics of victim can be taken into account when deciding if GBH has been inflicted

Question 39

what is the mens rea of s.20

Answer 39

intention or recklessness to inflict some harm

Question 40

what is the mens rea of s.18

Answer 40

intention to cause GBH or resist/prevent arrest

Question 41

what is indirect intention + case

Answer 41

the reasonable person could foresee GBH was virtually certain to occur from such actions and the defendant realised this Woolin

Question 42

what was established in R v Taylor

Answer 42

an intention to wound is not enough for the mens rea of s.18