Non-Fatal Offences Against the Person

Question 1

What cases confirm this definition of assault?

Answer 1

Fagan v MPC

R v Ireland; Burstow

Question 2

what if the victim does not apprehend violence for assault? what case?

Answer 2

• R v Lamb

- no assault because the V did not fear the possible infliction of violence

Question 3

what if D cannot carry out the threat for assault? What case?

Answer 3

Logdon v DPP

- fake gun irrelevant; V believed he could carry out the threat so he committed an assault.

Question 4

What cases clarified that words alone could form the basis for assault?

Answer 4

• R v Wilson
• “get out the knives”
• R v Ireland, Burstow

Question 5

What case states that the threat of violence must be immediate for assault?

Answer 5

• Tuberville v Savage

Question 6

What cases suggest that courts will interpret ‘immediate’ loosely for assault?

Answer 6

• Smith v Superintendent of Woking Police Station
• R v Ireland; Burstow
• R v Constanza

Question 7

For assault, what is meant by violence?

Answer 7

physical damage only

Question 8

What is the MR for assault? What case?

Answer 8

• R v Venna
• intention or recklessness
• as to causing the V to apprehend
• immediate and unlawful violence

Question 9

For assault, what test is used for recklessness? from what case?

Answer 9

• R v Cunningham test

- that this test is appropriate was confirmed in R v Savage; Parmenter

Question 10

define battery. What case?

Answer 10

• actual intended use of unlwful force
• to another person without his consent
• Fagan v MPC

Question 11

How significant must the force be for battery?

Answer 11

• the merest touching: Collins v Wilcock

- R v Thomas includes clothing

Question 12

How aggressive does a touching need to be for battery?

Answer 12

• not at all
• Faulkner v Talbot (underage boy sleeping with his teacher)
• no need for hostility

Question 13

How does indirect application of force work for battery?

Answer 13

• Haystead v DPP
• D’s force to a woman holding a baby caused her to drop it; his indirect application of force harmed the baby
• DPP v K
• acid in a hand dryer enough

Question 14

What is the MR for battery? what case?

Answer 14

R v Venna

- D intentionally or recklessly applied force to the person of another

Question 15

What gives the sentencing advice for actual bodily harm?

Answer 15

s47 Offences Against the Person Act 1861

Question 16

What is the AR for actual bodily harm?

Answer 16

• R v Irelan; Burstow and DPP v Little
• an assault or battery
• both MR and AR for the assault or battery must be satisfied

Question 17

what does ‘occasioning’ in actual bodily harm mean?

Answer 17

• that the assault or battery must cause actual bodily harm. normal principles of causation (but for + legal test) apply

Question 18

What was the courts ratio in DPP v Santa-Bermudez?

Answer 18

• D created a danger (by exposing the officer to risk from the needle)
• D failed to avert that danger (by not telling the officer about the needle)

Question 19

Define assault

Answer 19

• when D ‘intentionally or recklessly
• causes another person to apprehend immediate
• and unlawful
• personal violence