Non-Fatal Offences

Question 1

What is the name of the Act which covers ABH, s20 & s18?

Answer 1

Offences Against The Persons Act 1861

Question 2

What is the name of the Act which covers assault and battery?

Answer 2

Criminal Justice Act 1988

Question 3

Which case shows that the slightest of touches is sufficient for force?

Answer 3

Collins v Willcock

Question 4

What does the case of Lamb tell us about apprehension of force?

Answer 4

Where there is no apprehension, there is no assault

Question 5

What is recklessness defined as in Cunningham?

Answer 5

Conscious risk-taking

Question 6

The actus reus of battery is: ‘The _______ of unlawful force to another’ (___________)

Answer 6

Application, (Ireland;Burstow)

Question 7

In which case did D put acid into a hand drier and indirectly injured V?

Answer 7

DPP v K

Question 8

The touching of clothes is sufficient for the application of force (________)

Answer 8

Thomas

Question 9

s47 of the OAPA 1861 covers which non-fatal offence?

Answer 9

Actual Bodily Harm (ABH)

Question 10

The mens rea for ABH is: ‘intention or recklessness as to _________?

Answer 10

Assault or battery

Question 11

What is the actus reus of ABH?

Answer 11

Assault occasioning actual bodily harm

Question 12

Which case demonstrates that cutting someone’s hair is ABH?

Answer 12

DPP v Smith

Question 13

What is the mens rea for s20? And which authority supports this?

Answer 13

Intention or recklessness as to some harm (Mowatt, Grimshaw)

Question 14

How is a wound defined in Eisenhower?

Answer 14

A break in the top two layers of the skin

Question 15

Grievous bodily harm is defined as ‘serious harm’ (_________) or ‘really serious harm’ (________)

Answer 15

Saunders, Smith

Question 16

Which case illustrates that a collection of minor injuries can amount to GBH?

Answer 16

Brown and Stratton

Question 17

The actus reus of s18 is ‘unlawful wounding or _________ grievous bodily harm’

Answer 17

Causing

Question 18

Name one factor which will distinguish a s18 charge from a s20 charge

Answer 18

Planned/repeated attack, selection of a weapon, prior threats, targeting a vulnerable part of the body

Question 19

What does the case of DPP v T tell us about ABH?

Answer 19

Momentary loss of consciousness is sufficient

Question 20

What is the factual test of causation and its authority?

Answer 20

The ‘but for’ test (White, Pagett)

Question 21

In which case did battery occur through an omission?

Answer 21

Santa-Bermudez

Question 22

What is the mens rea of s18?

Answer 22

Intention to cause grievous bodily harm (Belfon) or resist arrest

Question 23

Which case shows an example of biological GBH and what are the facts of this case?

Answer 23

Dica - Deliberately infected women with STIs

Question 24

The definition of ABH from Miller is: ‘any hurt or injury calculated to interfere with the health or comfort of the victim provided it is more than _____ or _____’.

Answer 24

Transient, trifling

Question 25

What is the mens rea of assault? And which authority is used?

Answer 25

Intention or recklessness as to causing V to apprehend the infliction of immediate and unlawful force (Savage)

Question 26

Which case(s) can be used to support legal causation?

Answer 26

Smith, Cheshire, Jordan

Question 27

What is 'imminent' defined as?

Answer 27

'Liable to happen soon' or 'at some time not excluding the immediate future' (Constanza)

Question 28

In which case does D attempt to throw stones at a crowd but instead smashes a window? And why was this not transferred malice?

Answer 28

Pembliton, malice can only be transferred from one person to another, not from person to object

Question 29

Which is the more serious offence: s20 or s18?

Answer 29

s18

Question 30

ABH is found under which section of the OAPA 1861?

Answer 30

s47

Question 31

What is the actus reus of s18?

Answer 31

Unlawful wounding or causing grievous bodily harm

Question 32

In which case did words negate an assault?

Answer 32

Tuberville v Savage

Question 33

Contact 'acceptable in the o_____ c_____ of everyday life' will not be battery (F v W______)

Answer 33

Ordinary conduct, (F v West Berks HA)

Question 34

Psychological harm can be ABH (C___ F___), but this must be more than f___ or panic

Answer 34

(Chan Fook), fear

Question 35

What does Bollam tell us about the age of the victim regarding GBH?

Answer 35

Injuries to a child or elderly person would be more serious than to an adult with the same injuries

Question 36

What principle do we get from Smith v CC of Woking Police regarding assault?

Answer 36

That a locked door is not a bar to prosecution