Non Fatal Offences

Question 1

Assault is defined in

Answer 1

Common law

Question 2

Actus Reus of assault

Answer 2

Causing the victim to apprehend immediate unlawful force

Question 3

3 things to prove for assault

Answer 3

1. D has done something threatening
2. V apprehended immediate unlawful force
3. Force V apprehended was ‘immediate’

Question 4

Case showing gestures/actions can be an assault

Answer 4

Read V Coker

Question 5

Case showing silence or verbal threats can be an assault

Answer 5

R v Ireland

Question 6

Case showing written words can be an assault

Answer 6

R v Constanza

Question 7

Case showing words can negate a threat

Answer 7

Tuberville v Savage

Question 8

Case showing v can apprehend force even if it’s not possible

Answer 8

DPP v London

Question 9

⭐️ Case showing force being ‘immediate’ means in the near future

Answer 9

⭐️ Smith v CCoW

Question 10

Mens rea of assault

Answer 10

Intention or recklessness to case V to apprehend immediate unlawful force

Question 11

Battery is defined in

Answer 11

Common law

Question 12

Actus reus of battery

Answer 12

Applying unlawful force on/to another person

Question 13

Case showing the slightest/lightest of touch of even clothing can be battery

Answer 13

R v Thomas

Question 14

⭐️ Case showing force must be hostile which means unwanted and beyond jostlings of everyday life

Answer 14

⭐️ Wilson v Pringle

Question 15

Case showing force can be applied via continuing act

Answer 15

Fagan v MPC

Question 16

Case showing force can be applied indirectly eg. Via an object (chain reaction)

Answer 16

DPP v K

Question 17

Case showing force can be applied via omission where D has a duty to act

Answer 17

DPP v Santana Bermudez

Question 18

Mens rea for battery

Answer 18

Intention or recklessness to apply unlawful force

Question 19

Assault occasioning actual bodily harm is defined in

Answer 19

Section 47 of the Offences Against the Person Act 1861

Question 20

Actus reus of assault occasioning actual bodily harm

Answer 20

Either an assault or battery which causes ABH to another person

Question 21

3 elements of actus reus to ABH

Answer 21

1. Actus reus of assault or battery
2. V suffers injury which counts as ABH
3. The assault/battery causes that injury

Question 22

⭐️ case showing ABH harm cannot be so trivial as to be wholly insignificant

Answer 22

⭐️ r v Chan Fook

Psychiatric harm can be ABH

Question 23

Case that shows cutting hair can be ABH

Answer 23

DPP v Smith

Question 24

Case showing short loss of consciousness can be ABH

Answer 24

T v DPP

Question 25

Wounding is defined in s20 and s18 of the Offences Against the Person Act 1861

Answer 25

Actus reus of wounding is to unlawfully wound another person

Question 26

⭐️ Case showing wound must break at least 2 layers of skin

Answer 26

⭐️ JCC v Eisenhower | Internal wounding doesn’t count

Question 27

⭐️ S20 OAPA 1861 (Wounding & GBH)

Answer 27

⭐️ Direct intention or recklessness as to cause some harm - R v Mowatt

Question 28

⭐️ S18 OAPA 1861 (wounding and GBH)

Answer 28

⭐️ Direct or Oblique intention to cause really serious harm - r v Belfon

Question 29

GBH is defined in

Answer 29

S20 or 18 of the OAPA 1861

Question 30

Actus reus of GBH

Answer 30

To inflict/ cause grievous bodily harm on a person

Question 31

⭐️ case showing GBH means really serious harm but they don’t need to be life threatening

Answer 31

⭐️ DPP v Smith

Question 32

Case showing GBH can be serious psychiatric harm

Answer 32

R v Burstow

Question 33

Case showing GBH can be serious biological harm

Answer 33

R v Dica

Question 34

Case showing an accumulation of minor injuries can be GBH

Answer 34

R v Brown and Stratton

Question 35

Case showing age and health are factors that can be considered when deciding whether injuries are serious enough to be GBH

Answer 35

R v Bollom

Question 36

Case showing GBH can be committed indirectly

Answer 36

R v Martin

Question 37

Alternative mens rea S18 OAPA

Answer 37

Causing GBH and/or wounding with intention to resist arrest and intention or recklessness to cause some harm

Question 38

⭐️ Savage (ABH mens rea)

Answer 38

Does not need to intent or realise a risk of harm (mens rea for assault or battery)

Question 39

ABH injuries

Answer 39

Broken finger, chipped teeth, unconscious short period, broken toe, broken nose, bruise, swollen cheek, PTSD, black eye, depression, anxiety, sprained ankle, black eye

Question 40

GBH injuries

Answer 40

Fractured skull, punctured lung, internal bleeding, clinical depression, severe bruising, broken leg, broken arm, broken collar bone, brain damage, broken ribs, paralysed