Non-Fatal offences

Question 1

Where is Assault defined under?

Answer 1

Common law offence charged under s.39 Criminal Justice Act 1988.

Question 2

What must the act cause?

Answer 2

The act must cause the victim to apprehend immediate unlawful force.

Question 3

Can assault be caused by words?

Answer 3

Yes, (Constanza) or letters and silent phone calls (R v Ireland).

Question 4

What happens if the victim does not apprehend violence?

Answer 4

There will be no assault (R v Lamb).

Question 5

What happened in the case of Lamb?

Answer 5

There was no assault as the victim did not believe that the gun would go off, therefore, he did not apprehend immediate unlawful personal violence.

Question 6

Does the V need to prove the D would actually be violent?

Answer 6

No, as long as the V genuinely apprehends violence.

Question 7

What does imminent mean?

Answer 7

The assault cannot be a future threat - can include immediate future - V does not know what the D will do next.

Question 8

What happened in the case of Smith v Woking Police?

Answer 8

D was peering through the V window - V was unaware what the D was going to do next.

Question 9

Can words negate assault?

Answer 9

Yes, as in Tuberville v Savage, the words negated and fear of violence.

Question 10

What is the MR of assault?

Answer 10

The D can have intention or be reckless.

Question 11

What does direct intention mean?

Answer 11

It is the D aim, desire and purpose or the D must realise the risk and still go ahead with it (Cunningham).

Question 12

Where is Battery defined?

Answer 12

Common law offence, charged under s.39 of the Criminal Justice Act 1988.

Question 13

What is Battery?

Answer 13

It is the application of unlawful force.

Question 14

Is there a need to prove harm?

Answer 14

No, the slightest touch that the V does not consent to can amount to Battery.

Question 15

What happened in the case of Collins v Willcock?

Answer 15

The police taking hold of the Women’s arm amounted to battery as it was more than the slightest touch.

Question 16

What must the force be?

Answer 16

It must be more than everyday touching.

Question 17

What happened in the case of Thomas?

Answer 17

A touching of a girls skirt amounted to battery.

Question 18

Can battery be an omission?

Answer 18

Yes, where there is a duty to act.

Question 19

What happened in the case of Santana-Bermudez?

Answer 19

The D created a dangerous situation when not disclosing to the police that they had a needle on them.

Question 20

Force can be direct or indirect - give case example.

Answer 20

Direct - Haystead: D punched a woman holding a child causing her to drop the child causing injury.
Indirect - Dpp v K: Acid left on hand dryer.

Question 21

What is the MR for Battery?

Answer 21

Intention or recklessness to use unlawful force.

Question 22

What is direct intention?

Answer 22

Must be aim, desire or purpose and realise the risk and still go ahead with it (Mohan)

Question 23

Where is Actual Bodily Harm defined under?

Answer 23

ABH is assault or battery occasioning ABH under s.47 OAPA 1861.

Question 24

Does the injury need to be permanent?

Answer 24

No, but it must be regarded as trivial (more than ‘transient or trifling’)

Question 25

What happened in the case of Chanfook?

Answer 25

feelings of fear and panic are emotions and injuries must include psychiatric harm with medical evidence.

Question 26

What must the injury interfere with?

Answer 26

The health and comfort of the V

Question 27

What happened in the case of Miller?

Answer 27

D raped his ex wife before a divorce hearing - interfered with her health and comfort.

Question 28

What is the MR of ABH?

Answer 28

The MR is the same as assault and battery.

Question 29

Where is Grievous Bodily Harm defined?

Answer 29

Contained within s.20 and s.18 of the Offences Against The Person act 1861.

Question 30

What is the definition of GBH?

Answer 30

Attracts a 5 year sentence, unlawfully and maliciously wounding or inflicting any GBH upon any other person.

Question 31

What does grievous mean?

Answer 31

ordinary meaning of ‘serious harm’ - does not need to be permanent.

Question 32

What happened in the case of DPP V Smith?

Answer 32

GBH was foreseen as a result of the D acts.

Question 33

What is harm assessed on?

Answer 33

Harm is assessed depending on the characteristics of the V including age and health.

Question 34

What happened in the case of Bollom?

Answer 34

The victim was only 17 months old.

Question 35

What can the harm be?

Answer 35

It can be physical or mental.

Question 36

What can the harm also be?

Answer 36

Harm can be biological where the D has intentionally passed on sexually transmitted diseases (Dica).

Question 37

What is a wound?

Answer 37

It is a break in the dermis and the epidermis of the skin - not an internal bleed.

Question 38

What happened in the case of Eisenhower?

Answer 38

D hit someone just below the eye causing bruising and a blood vessel to burst but is not considered a wound.

Question 39

What is the MR for s.20?

Answer 39

‘maliciously’ is defined by the courts as intention or recklessness to cause GBH. Do not have to prove D could foresee physical harm just ‘some harm’. R v Savage.