Non Fatal Offences Against The Person

Question 0

What case stated that silent phone calls could be assault

Answer 0

Ireland 1997

Question 1

What case stated that words alone may amount to assault

Answer 1

Consanza 1997

Question 2

What was the legal principle from smith 1983

Answer 2

If v believes they may be subject to immediate violence the fear need not be completely rational

Question 3

To commit an assault recklessly what must the defendant do

Answer 3

Foresee the risk that v would apprehend immediate unlawful violence and still go on to take the risk

Question 4

What case stated that if a defendant commits the AR for assault or battery while drunk it will be considered reckless

Answer 4

Majewski 1976

Question 5

What was the case of Logden about (assault)

Answer 5

Showing v a fake gun and saying it was loaded. V was frightened

Question 6

B- What was the legal principle from Collins v Wilcock

Answer 6

It need not be a serious attack

Question 7

Do you bad to suffer an injury for it to be a battery

Answer 7

No

Question 8

B- What case said the force can be indirect

Answer 8

DPP v K

Question 9

B- Which was the case that decided that a coat is an extension of the body if v is wearing it

Answer 9

R v Thomas

Question 10

Can you have battery without an assault

Answer 10

Yes

Question 11

Which case stated you can commit a battery through an omission

Answer 11

Santana-Bermudez

Question 12

Which case decided that recklessness will be sufficient for MR of assault and battery

Answer 12

Venna

Question 13

Is ABH common law or statute

Answer 13

Common law

Question 14

ABH-What was the legal principle from Miller

Answer 14

Any hurt or injury calculated to interfere with the health or comfort of the victim

Question 15

ABH-What was the legal principle in T vDPP

Answer 15

Can include loss of consciousness

Question 16

Under what circumstances can cutting hair be ABH

Answer 16

If it’s a substantial amount of hair

Question 17

Is physical pain necessary for ABH

Answer 17

No

Question 18

Which case decided that harm can be psychological if it was a recognised medical condition

Answer 18

Chan Fook

Question 19

Does the harm have to be permanent for ABH

Answer 19

No

Question 20

What is the MR for ABH

Answer 20

Intention or recklessness for the assault or battery

Question 21

Why case(s) stated that it was not necessary to prove d intended or was reckless about ABH

Answer 21

Savage

Parmenter

Question 22

Which case was charged wrong due to the definition of a wound

Answer 22

Eisenhower

Question 23

Does the harm required for wounding have to be the same as GBH

Answer 23

No can be less

Question 24

Which case decided that a wound requires both layers of skin to be broken

Answer 24

Moriarty v Brookes

Question 25

Which case decided that bruising and internal bleeding are not wounds

Answer 25

Eisenhower

Question 26

Which case stated a broken bone is not. Wound unless the skin is broken

Answer 26

Wood

Question 27

Which case decided that GBH means really serious harm

Answer 27

Smith

Question 28

What was the legal principle from Bollom

Answer 28

The severity if injuries should be assessed according to vs age and health

Question 29

Which case decided seniors psychiatric problems could be GBH

Answer 29

Ireland v Burstow

Question 30

What was the legal principle in Dica

Answer 30

Infecting someone with HIV is GBH

Question 31

What is the level of forsight required for s20 GBH

Answer 31

D needs to foresee some harm

Not necessary to probe he foresaw serious harm or even the exact nature of the harm

Question 32

s20- What was the legal principle in Lewis

Answer 32

Threats amounted to assault when b fell from window

This is s20 GBH

Question 33

What was the legal principle in mowatt

Answer 33

To commit s20 d is required to foreseen risk if some physical harm
Not required to intend or be reckless about causing GBH or wounding

Question 34

Which case decided that intention to prevent lawful arrest is needed and recklessness as to causing injury

Answer 34

Morrison

Question 35

What must the prosecution prove to comvict someone of GBH

Answer 35

Intention to commit GBH, or resist arrest
Or that d foresaw this as a virtual certainty of their actions (Nedrick)
If this is shown the jury can infer intention (Woolin)

Question 36

Which case decided there was no difference in cause and inflict for s20 and s18

Answer 36

Burstow