Non-fatal offences against the person

Question 1

Bodily harm means physical harm and includes disease. Name a case law relating to this.

Answer 1

Dica (2005) - HIV

Question 2

Bodily harm means physical harm and includes recognised psychiatric conditions, on the basis that they affect the central nervous system. Name a case law relating to this.

Answer 2

Ireland and Burstow

Question 3

Bodily harm means physical harm, and DOES NOT include psychological symptoms

Answer 3

R v Dhaliwal

Question 4

Bodily harm means physical harm, and includes cutting hair. Name a case law relating to this.

Answer 4

DPP V Smith

Question 5

The leading case on consent and assault is

Answer 5

R v Brown

Question 6

What is assault?

Answer 6

An assault is any act which a person intentionally or recklessly causes another to apprehend violence

Question 7

What is battery?

Answer 7

A battery is an intentional touching of another person without the consent of that person and without lawful excuse

Question 8

Which case stated that battery need not be hostile, or rude, or aggressive and which case argued against this

Answer 8

Faulkner v Talbot stated that battery need not be hostile, or rude or aggressive to prove battery. Brown contradicted this by saying that hostility is a necessary ingredient.

Question 9

R v B (2013)

Answer 9

Conclusive consent. Hostility and consent - everyday touching?

Question 10

What is the AR and MR of battery?

Answer 10

The actus rea of battery is inflicting personal violence and the mens rea is intention/reckelssness as to application of force on V’s body

Question 11

R v Konzani

Answer 11

Consent needs to be informed. Konzani was HIV positive and aware of his condition. He had unprotected sex with three people and as a result was charged with GBH.

Question 12

R v Farrar

Answer 12

D kidnapped a child, blindfolded him, tied him to a chair and masturbated till he ejaculated on them - this was touching

Question 13

Dpp v k

Answer 13

A school boy hid acid in the hand-dryer at a school. This amounted to ABH

Question 14

R v Barnes

Answer 14

D had inflicted a serious leg injury upon the victim whilst attempting to make a sliding tackle during a football match. He was convicted with GBH. When is it appropriate for criminal proceedings to be brought when an injury is caused to one player in a sporting event. Generally, consent is no defence to a charge of bodily harm.

Question 15

R v Dhaliwal

Answer 15

The defendant had verbally abused his wife for many years. The wife committed suicide as a result of this abuse. The defendant was not legally liable for his wife’s death. Whilst mental harm by way of a recognised mental condition can be classed as harm, mere emotions are not enough to qualify. The defendants wife did not commit suicide as an immediate and reasonable response to the abuse but acted voluntary.

Question 16

Collins v Wilcock

Answer 16

A police officer grabbed a woman by the arm and scratched her. The police officer was acting outside the scope of his powers and he had no power to arrest the woman in that situation and therefore, was outside the scope of his duties as a police officer. This resulted in the held of unlawful assault (battery) by the police officer grabbing him.

Question 17

ABH

Answer 17

Assaults which are described as ABH cause injuries which are serious but don’t cause serious permanent damage to the victim. The crown prosecution service suggests any injury which affects the victim’s health or comfort can constitute ABH, as long as it is provable.

Question 18

GBH

Answer 18

GBH means causing really serious injuries which severely affect the health of the victim

Question 19

Compare ABH and GBH

Answer 19

Unlike ABH, with GBH there is a question of intent.

Question 20

Wounding

Answer 20

The crime of wounding with intent is created by s18 of the OAPA 1861. The definition creates four forms of the offence: unlawfully and maliciously wounding with intent to either do gbh or resist arrest and unlawfully and maliciously casing gbh, with intent to either do gbh or resist arrest.

Question 21

Hughes on OAPA

Answer 21

Hughes said that condom used should be a defence in cases where the individual is infected

Question 22

Tolmie J on OAPA

Answer 22

Tolmie J said that you should be able to consent to harmful assaults - moving away from category based decision making and more towards the right for the individual

Question 23

Law Commission Proposals

Answer 23

Law commission stated that there is a need for a more structured and more logical clarity. That there is no logical hierarchy at the moment and lots of overlap

Question 24

Lord JC Smith stated that the OAPA is

Answer 24

“a ragbag of offences”

Question 25

Smith and Saunders describe GBH as

Answer 25

“a really serious harm”

Question 26

Moriarty v Brookes

Answer 26

“wound that breaks the whole of the skin”