Non Fatal Offences Against The Person

Question 1

For common assault the suspect must either intend or be subjectively reckless that the victim would….

Answer 1

Apprehend immediate unlawful personal force.

Question 2

ABH includes both physical harm and shock / mental injury, the harm caused can be either?

Answer 2

Permanent or temporary.

Question 3

Psychiatric harm caused by ABH must go beyond….

Answer 3

Fear, distress, panic.

Question 4

Cutting hair or nails without consent comes under ?

Answer 4

ABH.

Question 5

Any of the 3 assaults can be aggravated racially or religiously.

Answer 5

Common Assault
ABH
GBH

Question 6

Resist arrest includes 2 types of assault?

Answer 6

Common assault

Battery.

Question 7

GBH - maliciously, unlawfully either wounds or INFLICTS GBH upon any person. Does it matter if the defendant did not foresee the risk of the result of wounding or inflicting GBH being caused?

Answer 7

No. As long as they foresaw the risk of some harm.

Question 8

Good reason will be determined in light of all the following considerations - CDV..

Answer 8

C - the practical consequences of the behaviour
D - the dangerousness of the behaviour
V - the vulnerability of the consenting person.

Question 9

Corporal punishment is illegal in all British schools, staff may only use certain force in restraining violent pupils….

Answer 9

Reasonable force.

Question 10

It is an offence to assault any person with the intent to either resist or prevent the lawful apprehension or detainer of either -

Answer 10

Themselves or another.

Question 11

In regards to assault with intent to resist arrest, the assault can be either??

Answer 11

A common assault or a battery.

Question 12

Assault with intent to resist arrest, must have the men’s rea for the assault AND the…..

Answer 12

Intent to resist or prevent the arrest of themselves or another person.

Question 13

In regards to assault / obstruct police, there is no need for the prosecution to show that the defendant knew or suspected that the person is a police officer or…..

Answer 13

That they were acting in the execution of their duty.

Question 14

If the officer was acting unlawfully will the offence be committed ?

Answer 14

No. The officer must be acting lawfully.

Question 15

If a person tips off another individual in respect of police presence to enable them to avoid apprehension, is that wilful obstruction?

Answer 15

Yes.

Question 16

The definition for GBH is that it inflicts GBH. But GBH with intent is to ……..

Answer 16

Cause GBH.

Question 17

Wounding involves either breaking the continuity of the whole of outer skin, or breaking the inner skin within the….

Answer 17

Cheek, lip or urethra.

Question 18

GBH is defined as either serious harm or really serious harm in two ways….

Answer 18

Physical or psychiatric.

Question 19

GBH with intent is committing GBH with the intent of any 3 things -

Answer 19

To cause GBH to anyone.
Resist the arrest of any person.
Prevent the arrest of any person.

Question 20

For threats to kill, does the threat have to be believed?

Answer 20

No. The offence is complete once the intent to cause fear that the threat would be carried out is formed.

Question 21

A PC issues a FPN the driver returns and is aggressive. The officer takes hold of his arm and told him to calm down is this an assault ?

Answer 21

No it has been held that touching someone to draw their attention to what was being said was acceptable by the ordinary standards of everyday life.

Question 22

Hannah allows Ashley to inject her with drugs causing ABH injuries. Is this an assault ??

Answer 22

Yes. Although it’s consented the activity is illegal.

Question 23

Can a child consent to an assault ?

Answer 23

No, if they don’t fully understand what they are consenting to.

Question 24

JONES flashes an on-coming driver as he has noticed a speed camera and wants to warn them. They aren’t actually speeding. Is this an offence of obstructing police ?

Answer 24

No. The offence is only committed if the person is actually speeding.

Question 25

Battery can only be committed when using direct force ? True or false.

Answer 25

False it can be direct or indirect.

Question 26

Does a victim have to be in fear for a common assault ?

Answer 26

No. Just have to apprehend immediate unlawful violence.

Question 27

What does malice mean ?

Answer 27

An actual intention to cause the relevant harm or at least foresight of the risk of causing some harm.