Non-Fatal Offences Against The Person Flashcards
Q: What is the definition of assault?
A: ‘Causing the victim to fear immediate unlawful personal violence.’
Q: Which case shows that silent phone calls can be assault?
A: R v Ireland (1997) – Silent calls caused psychiatric harm.
Q: What is the definition of battery?
A: ‘The application of unlawful force on another person.’
Q: What case shows that the force can be minimal?
A: Collins v Wilcock (1984) – A police officer grabbing a woman’s arm was battery.
Q: What is ABH?
A: ‘Assault or battery causing actual bodily harm (more than trivial injury).’
Q: What case confirmed that psychiatric harm can be ABH?
A: R v Chan-Fook (1994) – Mental harm is included in ABH.
Q: What is the difference between s20 and s18 GBH?
A:
s20 GBH – ‘maliciously inflicting GBH’ (recklessness is enough).
s18 GBH – ‘intentionally causing GBH’ (specific intent required).
Q: What case defined GBH as ‘serious harm’?
A: DPP v Smith (1961) – ‘Serious harm’ includes broken bones.