Non-Fatal Offences

Question 1

Assault Actus Reus

Answer 1

Causing an apprehension of immediate and unlawful personal violence - R v Ireland [1997]

Question 2

Can words be an assault?

Answer 2

Yes - Lord Steyn

Question 3

Can words negate an assault?

Answer 3

Also yes, Tuberville V Savage

Question 4

Lord Hope said ______ can be an assault

Answer 4

Silence

Question 5

DPP v Ramos

Answer 5

Actual fact of danger is less important than V’s subjective impression

Question 6

R v Horseferry Road Magistrates ex parte 1991

Answer 6

Immediate means proximity in time and proximity in causation

Question 7

Battery

Answer 7

Any unlawful touching of another

Question 8

DPP v Haystead

Answer 8

Force can be applied through a medium controlled by D, indirectly inflicted
- d punched A and A dropped baby

Question 9

Men’s Rea for both summary offences

Answer 9

R v Venna, intention or recklessness

Question 10

Assault Occasioning ABH - what does occasioning mean?

Answer 10

synonym for inflicting and causing

Question 11

R v Lewis

Answer 11

Can be indirectly applied. Separated by locked door - wife so scared she jumped out of window and broke both legs, still s.47

Question 12

Chan-Fook

Answer 12

Not mere emotions such as fear/distress/panic

Question 13

T v DPP

Answer 13

A loss of consciousness is ABH

Question 14

More than merely transient or trifling

Answer 14

Donovan

Question 15

Is cutting hair ABH?

Answer 15

Yes because it’s a battery … DPP v Smith

Obiter - paint would also be ABH

Question 16

Mens Rea of s.47

Answer 16

R v Savage - no requirement that D intended or foresaw the harm provided he had requisite mens Rea for ulterior offence

Question 17

R v Ireland 1997

Answer 17

Silent phone calls (sometimes with heavy breathing) can be an assault

Question 18

DPP v Ramos

Answer 18

Actual fact of danger is less important than V’s subjective impression

Question 19

R v Horseferry Road Magistrates

Answer 19

Immediate means ‘proximity in time and in causation’

Question 20

What does occasioned mean? + case

Answer 20

Occasioned means to cause or inflict

R v Lewis - didn’t touch her but assaulted her as he scared her enough to jump out window breaking both of her legs

Question 21

Donovan

Answer 21

ABH must be more than merely transient or trifling

Question 22

Is a loss of consciousness ABH?

Answer 22

T v DPP - yes

Question 23

DPP v Smith

Answer 23

Cutting hair is ABH

Question 24

R v Savage

Answer 24

No requirement that d intended or foresaw the harm provided he intended or foresaw the common assault or battery

Question 25

Meaning of grievous

Answer 25

DPP v Smith (again) - GBH is no more or less than serious harm

Question 26

R v Bollom

Answer 26

Age can influence what is serious harm (I.e what is minor on an adult may not be on an infant)

Question 27

R v Birmingham

Answer 27

Account taken of the totality of the injuries

Question 28

Can psychiatric injury amount to GBH? Give case example

Answer 28

Yes - R v Burstow

Question 29

Definition of wounding

Answer 29

Eisenhower - ‘a break in the continuity of the skin’

Question 30

Mcloughlin

Answer 30

Internal injuries are not sufficient (also in Eisenhower)

Question 31

Are broken bones sufficient for wounding?

Answer 31

No, R v Wood

Question 32

R v Mowatt (intention s.20)

Answer 32

D must have foreseen some physical harm to some person, albeit of a minor character

Question 33

DPP v A

Answer 33

Foreseeable that some harm MIGHT occur not definite

Question 34

With infectious disease, foresight that action may infect V with STD - important or no?

Answer 34

Yes, R v Dica