Non-fatal offences

Question 1

What is the actus reus of assault?

Answer 1

Where D uses words or gestures to make the V apprehend infliction of immediate unlawful force

Question 2

What other way can assault be committed?

Answer 2

In words or writing (Constanza)

Question 3

What is the held for Tuberville v Savage?

Answer 3

Not assault as the words indicated that no violence would occur

Question 4

What is the actus reus of battery?

Answer 4

Where the D brings about application of unlawful force

Question 5

What is the case and held for the AR of battery?

Answer 5

Thomas- touching a woman’s skirt is the same as touching the person so can be battery

Question 6

What does the case of DPP v K say?

Answer 6

Common assault can be committed by an indirect act

Question 7

What is a sufficient act of battery?

Answer 7

A touch and no harm has to occur

Question 8

What are examples of batter occurring without assault?

Answer 8

Being blind or deaf as the V won’t have apprehended the unlawful force

Question 9

What is the MR of both assault and battery?

Answer 9

Intention or recklessness to the assault or battery

Question 10

What does the case of Venna say about the MR of assault and battery?

Answer 10

Does not need to intend crime

Question 11

What is a basic intent crime?

Answer 11

There was no specific outcome wanted and can just act negligently or recklessly

Question 12

What act does ABH, GBH and wounding come under?

Answer 12

The offences against the person act 1861

Question 13

What section is ABH?

Answer 13

S.47

Question 14

What is the AR of ABH?

Answer 14

Assault or battery occasioning actual bodily harm

Question 15

What does ABH stand for?

Answer 15

Actual bodily harm

Question 16

What was the 3 step test set out for ABH in the case of Miller?

Answer 16

Was there an assault or battery?
Did it occasion ABH?
Is there actual bodily harm?

Question 17

What does the held of DPP v Smith? (ABH)

Answer 17

Cutting off a substantial amount of hair can amount to ABH

Question 18

What does the case of Chan Fook say? (ABH)

Answer 18

ABH can be psychological harm as long as it is more than mere emotions such as fear or panic

Question 19

What is the MR of S.47 ABH?

Answer 19

The D must only intend to be reckless as to the assault or battery
The D doesn’t need to foresee the level of injury (Savage)

Question 20

What 2 sections are there for GBH?

Answer 20

S.20
S.18

Question 21

What does GBH stand for?

Answer 21

Grevious bodily harm

Question 22

What is the case and AR of S.20 GBH?

Answer 22

DPP v Smith- ‘really serious harm’

Question 23

What does the case of Bollom say? (S.20 GBH)

Answer 23

The severity of injuries will depend on V’s age and health
Bollom- bruised baby is more severe than an adult

Question 24

What does the case of Barstow say about S.20 GBH?

Answer 24

‘Bodily’ can include physical or psychiatric damage

Question 25

What was held in the case of Dica? (S.20 GBH)

Answer 25

The deliberate infection of a serious disease counts as S.20 GBH

Question 26

What is the AR of S.20 wounding?

Answer 26

Both layers of the skin must be broken

Question 27

What is the MR of S.20 GBH and wounding?

Answer 27

Intent or recklessness to causing ‘some harm’
Doesn’t need to intend the MR for the level of harm committed and only has to foresee some harm occurring

Question 28

What is the held for the case of Parameter?

Answer 28

Changed from S.20 GBH to S.47 ABH as there was a risk of some harm and that risk was taken

Question 29

What is the AR of S.18 GBH and wounding?

Answer 29

To wound or cause GBH (meanings are both the same for S>20 and S.18)

Question 30

What is the MR for S.18 GBH and wounding?

Answer 30

Intention to do some GBH
Intention to wound will not work