non fatal offences against a perosn

Question 1

assault definition

Answer 1

• an act which causes the victim to apprehend the infliction of immediate , unlawful force,

Question 2

ar for assault

Answer 2

• an act
• which causes the victim to apprehend the infliction of immediate unlawful force (lamb)

Question 3

what is the mr for assault

Answer 3

an intention to cause another to fear immediate unlawful personal violence

or

subjective recklessness as to whether such fear is caused

Question 4

ar for battery

Answer 4

• infliction of force or violence

Question 5

what is the mr for battery

Answer 5

AN INTENTION to apply unlawful physical force to another
subjective recklesses as to whether unlawful force is applied

Question 6

does common assault require actual physical contact

Answer 6

• nelson
  no, physical contact not required but D must have done something physical to cause apprehension

Question 7

what does it require - common assault

Answer 7

• constanza
• ireland

verbal/ written words sufficient
silent phone calls sufficient, depends on circumstances

Question 8

what effect does it have to have on the victim - assault

Answer 8

• lamb
• v had to apprehend infliction of immediate, unlawful force

Question 9

does apprehension have to be of immediate force- assault ( common)

Answer 9

• smith v chief superintended of working ps
• immediate is not isntaneous but imminent

Question 10

does it have to be strong force which is applied?- battery

Answer 10

-collin v wilcock

small touching sufficient
- touching to gain attention not battery

Question 11

is it ok to use physical restraint- battery

Answer 11

wood
no unless it complies with pACE and codes of practice but it is lawful to make moderate generally acceptable contact to gain attention

Question 12

what about touching clothing - battery

Answer 12

Thomas
- yes you can get charged

Question 13

when is violence / force not unlawful

Answer 13

• soliders in war time
• doctors in medical procedures
• contact sport
• self defence

Question 14

the force that is threatened must be

Answer 14

• unlawful
• immediate

Question 15

what case shows that battery can be done with a continuing act.

Answer 15

Fagan v metropolitan police commissioner

Question 16

what case shows that battery can be done as an indirect act

Answer 16

DPP V K

Question 17

what is the ar fora assault occasioning actual bodily harm under s47

Answer 17

• assault
• occasioning
• actual bodily harm

Question 18

what is abh

Answer 18

r v miller
- any hurt or injury calculated to interfere with the health or comfort of the victim

Question 19

what does s47 papa 1861 state

Answer 19

• whosoever shall be convicted of any assault occasioning actual bodily harm shall be liable to imprisonment for 5 years

Question 20

what does s20 oapa 1861 state

Answer 20

• whosoever shall unlawfully and maliciously wound / inflict any gbh upon a person, either with or without a weapon or instrument , shall be guilty of an offence and shall be liable for no moe than 5 years

Question 21

what are the 2 offences under s20 oapa 1861

Answer 21

malicious wounding
inflicting grievous bodily harm

Question 22

what else can be regarded as abh

Answer 22

• t v ddp
  loss of consciousness

Question 23

is cutting someones hair off abh

Answer 23

• dpp v smith
• qbd states, depends, if substainstail amount of hair is cut off

Question 24

what is the mr of abh

Answer 24

saving and parmenter

• intention/ subjective recklesses as to apprehension of unlawful violence/ infliction of unlawful violence