Non - fatal offences

Question 1

Assault

Answer 1

Common Law made by judges

“To cause V to apprehend immediate unlawful force”

Question 2

DPP v Logdon

Answer 2

V must “apprehend” immediate unlawful force - Apprehend means an expectation that force will be used.

Question 3

Smith v CCWP

Answer 3

“immediate” means in the near future.

Question 4

Read v Coker

Answer 4

Gestures can be an assault.

Question 5

R v Ireland

Answer 5

Silence or spoken words can amount to an assault.

Question 6

R v Constanza

Answer 6

Written words can amount to an assault.

Question 7

Tuberville v Savage

Answer 7

Words can negate an assault.

Question 8

Mens rea

Answer 8

Direct intention (Mohan) or recklessness (Cunningham) as to cause V to apprehend immediate unlawful force.

Question 9

Battery

Answer 9

Common Law made by Judges.

“Applying unlawful force on/ to another”

Question 10

R v Thomas

Answer 10

Only the slightest touch (including clothes) is needed.

Question 11

Wilson v Pringle

Answer 11

Force must be hostile.

Force applied in ordinary jostlings of everyday life will not be unlawful, as V will be deemed to have given implied consent.

Question 12

Fagan v MPC

Answer 12

Force can be applied via a continuing act.

Question 13

DPP v K

Answer 13

Force can be applied indirectly.

Question 14

DPP v Santana - Bermudez

Answer 14

Battery can be committed by an omission.

Question 15

Mens rea

Answer 15

D intends (Mohan)/ is reckless (Cunningham) in applying force on/to another person.

Question 16

ABH

Answer 16

S47 OAPA 1861

Assault or Battery resulting in ABH.

Question 17

Chan - Fook

Answer 17

Harm cannot be so trivial as to be wholly insignificant.

Includes psychiatric injury but NOT mere emotions. e.g. Stress, fear, panic.

Question 18

R v Smith

Answer 18

ABH not limited to injury; cutting hair without consent can amount to ABH.

Question 19

T v DPP

Answer 19

Even a short loss of consciousness can amount to ABH.

Question 20

Mens rea

Answer 20

Same as for assault or battery.

R v Savage: no additional mens rea needs to be proven for ABH. Just prove mens rea for the assault or battery.

Question 21

Wounding

Answer 21

S20 or S18 OAPA 1961

“To unlawfully wound another person”

Question 22

Eisenhower

Answer 22

There must be a cut in at least two layers of skin for it to be considered wounding. This does not include internal bleeding.

Question 23

Mens rea

Answer 23

S20: Mowatt - intention or recklessness as to causing V SOME harm. Direct (Mohan) or Recklessness (Cunningham)

S18: Intention to cause SERIOUS harm. Direct (Mohan) or indirect (Woollin).

Question 24

Grievous bodily Harm

Answer 24

S20 or S18 OAPA 1861

“Unlawfully cause GBH to another”

Question 25

DPP v Smith

Answer 25

Really serious harm - Broken limb, fractured skull e.t.c

Question 26

R v Burstow

Answer 26

Can be psychiatric harm - Depression, anxiety

Question 27

R v Dica

Answer 27

Can be serious biological harm - HIV, Flu, herpes

Question 28

Brown and Stratton

Answer 28

Many minor injuries - Broken nose and teeth - can amount to GBH

Question 29

R v Martin

Answer 29

GBH can be inflicted indirectly - "fire" blocked door

Question 30

R v Bollom

Answer 30

V's age. health considered when deciding GBH.

Question 31

Factual causation Legal causation

Answer 31

R v Pagett - But for test R v Smith - Operative and substantial test

Question 32

Mens rea

Answer 32

S20: Mowatt - intention. recklessness as to cause V SOME harm. Parmenter - D must intend/ be reckless as to causing some harm. Direct (Mohan) or recklessness (Cunningham). S18: Belfon - Intention to cause SERIOUS harm. Direct (Mohan) or Indirect (Woollin).