Non-fatal Offences Against the Person

Question 1

What is the definition of assault?

Answer 1

An act which causes the victim to apprehend the infliction of immediate unlawful force with either intention or recklessness to cause fear.

Question 2

What 3 lawful excuses are there for assault?

Answer 2

Reasonable punishment of a child - s58 children’s act 2004

Where the victim consents

Where the defendant acts in self-defence or prevention of a crime

Question 3

What’s the significance of R v Nelson?

Answer 3

Assault cannot be an omission

Question 4

What’s the significance of R v Constanza?

Answer 4

Words alone can be sufficient for an assault - wrote over 800 letters of the last two were interpreted as a clear threat.

Question 5

What is the significance of R v Ireland and Burstow?

Answer 5

Scientists phone calls can amount to assault - no need for physical proximity

Question 6

What’s the significance of R v Misalati

Answer 6

Spitting can amount to an act causing the victim to apprehend violence

Question 7

What’s the significance of DPP v Logdon?

Answer 7

Apprehending violence - pointed gun at v who was then told it was fake

Question 8

What is the significance of R v Lamb?

Answer 8

Could not apprehend violence - pointed unloaded gun at woman who knew it was unloaded

Question 9

What is the significance of Smith v Cheif supt. of Woking police station?

Answer 9

Immediate can mean the next likely action - stared through window and didn’t stop when v called police

Question 10

What is the significance of R v Light?

Answer 10

Words were not enough to negate the fear of immediate violence - raised sword above wives head and said if it weren’t for the policeman outside he’d split her head open

Question 11

What is the significance of Tuberville v Savage?

Answer 11

Words indicating there will not be violence will prevent an act from being an assault - if it weren’t for asize time, I would not take such language from you

Question 12

Which section of the OAPA does battery come under?

Answer 12

S39

Question 13

What is the definition of battery?

Answer 13

The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied

Question 14

What are the excuses for battery?

Answer 14

Self defence
Consent
Reasonable punishment of a child
Prevention of a crime

Question 15

What is the significance of Donnelly v Jackman?

Answer 15

More force used than the implied consent for everyday jostlings of life - tapping to gain attention

Question 16

What’s the significance of Collins v Wilcock?

Answer 16

Implied consent to jostling exists but restraint is deemed unlawful force

Question 17

What is the significance of R v Thomas?

Answer 17

Touching a persons clothing while he is wearing them is the equivalent to touching them - amounts to battery

Question 18

What is the significance of Fagan v Met police commander?

Answer 18

Battery may be committed by a continuing act -D accidentally drove onto policeman’s foot and then refused to move

Question 19

What’s the significance of DPP v K?

Answer 19

Battery may be committed by an indirect act - acid in the hand dryer

Question 20

What is the significance of Haystead v Cheif constable of Derbyshire?

Answer 20

Battery can be a result of transferred malice - punched mother causing her to drop small child

Question 21

What’s the significance of DPP v Santa-Bermudez?

Answer 21

An omission can become indirect battery - needle had been failed to be mentioned before being searched

Question 22

What is the significance of DPP v Majewski?

Answer 22

Recklessness is basic intent - Intoxication is sufficient for the mens rea

Question 23

What is the definition of assault causing actual bodily harm?

Answer 23

An assault of battery which causes actual bodily harm with the intention to cause the victim to fear unlawful force, or to subject unlawful force, or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force.

Question 24

What is the maximum sentence for ABH?

Answer 24

5 years imprisonment

Question 25

What are some examples of of ABH from the charging standards?

Answer 25

• loss or breaking of a tooth
• temporary loss of consciousness
• bruising
• broken nose
• fractures of bones
• minor cuts
• recognised psychiatric disorder

Question 26

What’s the significance of R v Donovan?

Answer 26

Injury must be more than merely transient and trifling

Question 27

What’s the significance of R v Miller?

Answer 27

ABH includes hurt or injury calculated to interfere with health or comfort

Question 28

What’s the significance of R v Chan Fook?

Answer 28

“Actual” indicates the injury should not be trivial as to be wholly insignificant

Question 29

What’s the significance of T v DPP?

Answer 29

Transient but not trifling - unconsciousness is sufficient for ABH

Question 30

What’s the significance of DPP v Smith?

Answer 30

Physical pain is not necessary - hair cutting

Question 31

What’s the significance of R v Burstow?

Answer 31

Must be a recognised psychiatric problem

Question 32

What’s the significance of R v Cox?

Answer 32

Stress comes under a recognised medical condition - stalking

Question 33

What’s the significance of R v Savage?

Answer 33

Sufficient MR for intent to apply unlawful force S47 not S20

Question 34

What is the maximum sentence for inflicting GBH?

Answer 34

5 years imprisonment

Question 35

What is the definition of inflicting GBH?

Answer 35

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without instrument, shall be guilty of an offence and shall be liable…to imprisonment not more than 5yrs

Question 36

What are some examples of GBH from the charging standards?

Answer 36

• injury resulting in permanent disability
• more than minor, physical disfigurement, broken limbs, fractured skull
• compound fracture, cheekbone, jaw, ribs etc.
• substantial loss of blood (transfusion needed)
  -lengthy treatment or disability
• psychiatric injury

Question 37

What are the lawful excuses for GBH?

Answer 37

• Consent
• Self defence or prevention of a crime