Non-Fatal Offences

Question 1

Where is Assault Defined?

Answer 1

Case Law -

Previous cases brought before judges

Question 2

(Assault) Case- Apprehends Unlawful Force

Answer 2

*DPP V. Logdon

Question 3

(Assault) Case - Immediate force

Answer 3

*Smith v Chief Constable of Woking

Question 4

(Assault) Case - Things done (gestures, actions)

Answer 4

*Read v Coker

Question 5

(Assault) Case - Words (not) said

Answer 5

*R v Ireland

Question 6

(Assault) Case - Words written

Answer 6

*R v. Constanza

Question 7

(Assault) Case - something to negate

Answer 7

*Tuberville v Savage

Question 8

Assault- Actus Reus

Answer 8

To cause V to apprehend immediate & unlawful force

Question 9

Assault - Mens Rea

Answer 9

Direct Intention
Or
Recklessness

Question 10

Where is battery defined?

Answer 10

Case Law -

Previous cases brought before judges

Question 11

(Battery) Case - Unlawful Force

Answer 11

*R v Thomas

Question 12

(Battery) Definition/ requirement - Unlawful Force

Answer 12

• even the (s)lightest touch will suffice

- touching clothes is equivalent to touching a person

Question 13

(Battery) Case - Hostile Force

Answer 13

*Wilson v Pringle

Question 14

(Battery) Definition of hostility

Answer 14

• unwanted or aggressive

- unless applied consent is given

Question 15

(Battery) Case - Applying Force via a continuing act

Answer 15

*Fagan v. MPC

Question 16

(Battery) Case - Applying Force via an object

Answer 16

*DPP V. K

Question 17

(Battery) Case - Applying force via an omission

Answer 17

*DPP v. Santana-Bermudez

Question 18

Where is assault occasioning actual bodily harm defined?

Answer 18

Section 47

Offences Against The Person Act 1861

Question 19

ABH - Actus Reus

Answer 19

An assault OR battery which causes ABH to another person

Question 20

3 elements included in the Actus Reus for ABH

Answer 20

1) the assault or battery
2) the assault or battery to CAUSE the ABH
3) the injury to amount to ABH

Question 21

Case - Actual Bodily Harm

Answer 21

*R v. Chan Fook

Question 22

Definition of Actual Bodily Harm

Answer 22

Harm cannot be so trivial as to be wholly insignificant

i.e. should be more than..

Question 23

(ABH) Case - psychiatric harm can amount to ABH

Answer 23

*R v. Chan Fook

Question 24

(ABH) - Cutting off a persons hair(s) without consent would amount

Answer 24

*DPP v. Smith

Question 25

(ABH) Case - Even a (very) short loss of consciousness…

Answer 25

*T V DPP

Question 26

ABH - Mens Rea

Answer 26

No additional/separate Mens Rea for ABH itself

- only mens Rea for the assault or battery

Question 27

(ABH) Case - No additional Mens Rea required

Answer 27

*R v Savage

Question 28

Where is wounding defined?

Answer 28

s20 or s18

Offences Against the Person Act 1861

Question 29

Wounding - Actus Reus

Answer 29

Unlawfully wound a person

Question 30

(Wounding) Case - defines a wound

Answer 30

*JCC v Eisenhower

Question 31

Definition of a wound

Answer 31

A cut or break in at least 2 layers of the outer skin

Question 32

(ABH) Case - s20

Answer 32

*R v Mowatt

Question 33

(ABH) - s20 intention

Answer 33

• direct intention or recklessness

- to cause some harm

Question 34

(ABH) Case - s18

Answer 34

*R v Belfon

Question 35

(ABH) s18 intention

Answer 35

• direct or oblique intention

- to cause serious harm