Non-fatal offences against the person

Question 1

Common law offences

Answer 1

assault and battery

Question 2

s. 47 OAPA 1861

Answer 2

Assault occasioning ABH

Question 3

s. 20 OAPA 1861

Answer 3

Wounding/inflicting GBH

Question 4

s. 18 OAPA 1861

Answer 4

GBH with intent

Question 5

s. 23 OAPA 1861

Answer 5

Maliciously administering a noxious substance so as to kill/cause GBH

Question 6

s. 24 OAPA 1861

Answer 6

Maliciously administering a noxious substance so as to injure, aggrieve or annoy

Question 7

Crime and Disorder Act 1998

Answer 7

Racially or religiously aggravated offences

Question 8

DPP v PAL

Answer 8

Not racially motivated (the victim was Asian) because he would have attacked him anyway, regardless of his race

Question 9

DPP v M

Answer 9

words ‘bloody foreigners’ alone established racially aggravated assault even though it was established the argument was about money

Question 10

Fagan v MPC

Answer 10

Definition of assault:

any act which, intentionally or recklessly causes another person to APPREHEND IMMEDIATE and unlawful personal violence

Question 11

Wilson

Answer 11

“any act” for assault can mean words alone

Question 12

Ireland

Answer 12

“any act” for assault can mean silence. It is the effect on the victim that is essential here

Question 13

Assault vs. battery

Answer 13

A - causing fear of punch

B - punch itself

Question 14

Lamb

Answer 14

There is no assault if the victim doesn’t apprehend the threat

Question 15

Logdon v DPP

Answer 15

If V apprehends, it is irrelevant whether D is actually able to carry out the threat

Question 16

Tuberville v Savage

Answer 16

Words spoken might negate assault: “If you weren’t so…”

Question 17

Ireland

Answer 17

“Immediate” - words alone can create an assault

Question 18

Smith v Chief Superintendent of Woking Police Station

Answer 18

“immediate” does not mean instantaneous but imminent - the courts will take into account that V might not be able to think clearly.
HERE: immediate even though D was on the other side of the window

Question 19

Paramenter

Answer 19

Mens rea for Assault: Cunningham subjective recklessness applies