Non Fatal Offences

Question 1

Fagan

Answer 1

Assault can not be committed by an omission (D drove onto the foot of a policeman)

Question 2

Constanza

Answer 2

Verbal or written words are sufficient for assault (D wrote V over 800 letters and phone calls)

Question 3

Ireland

Answer 3

Silence is sufficient (D repeatedly made silent calls to V)

Question 4

Logdon

Answer 4

Negated fear is sufficient (D opened drawer to show V gun she feared)

Question 5

Lamb

Answer 5

V must apprehend fear and must possibility of force (Two boys were playing with a gun and one shot the other)

Question 6

Smith

Answer 6

Fear in the future (D climbed into V’s garden and was staring though the window)

Question 7

Tuberville

Answer 7

No AR as words negate a threat

Question 8

DPP v K

Answer 8

indirectly committed battery (D placed acid in hand dryer and burnt another student)

Question 9

Santa Bermudez

Answer 9

Battery can an omission (V searched D and he had needle in his pocket)

Question 10

Thomas

Answer 10

Touching clothes is sufficient for battery (D touched V’s skirt)

Question 11

Slingley

Answer 11

Implied consent means it is lawful (friends and family)

Question 12

Tabbassum

Answer 12

Consent must be real

Question 13

Parmenter

Answer 13

MR for NFO if reckless

Question 14

Miller

Answer 14

S.47 ABH defined as any hurt or injury calculated to interfere with the health and comfort of the victim

Question 15

T V DPP

Answer 15

Loss of consciousness is sufficient for ABH (D was attacked and kicked to the floor)

Question 16

DPP v Smith

Answer 16

Hair Cutting is Sufficient (Must be substantial)

Question 17

Chan Fook

Answer 17

Actual = not so trivial as to be wholly significant and includes psychiatric harm (V accused of stealing ring, and tried to climb out of window)

Question 18

Roberts

Answer 18

Only needs to have MR for the Assault or Battery, nor MR needed for actual harm.

Question 19

JCC v Eisenhower

Answer 19

A wound must have a break in continuity of the skin (V hit in the eye with a pellet gun causing bruising)

Question 20

Wood

Answer 20

Broken bone is not a wound (V’s collar bone was broken not skin)

Question 21

Smith

Answer 21

Really serious harm not life threatening for S.20 (Police man zigzagged on bonnet of D’s car)

Question 22

Saunders

Answer 22

Really serious harm = GBH

Question 23

Bollom

Answer 23

Age, Health and other factors taken into account for severity of injury (17 month baby suffered bruising)

Question 24

Burstow

Answer 24

Serious psychiatric harm could not amount to GBH (D made silent phone calls)

Question 25

Dica

Answer 25

Biological harm can amount to GBH D infected two women with HIV)

Question 26

Woollin

Answer 26

Harm is virtually certain (D harmed 3 month baby by throwing pram)

Question 27

Morrison

Answer 27

Intention only for S.18 (D dragged police man through window)

Question 28

Taylor

Answer 28

Intention to wound is sufficient for S.18 (C had scratches on face and back)