Non-Fatal Offences Against The Person

Question 1

“GBH” mean “really serious harm”

Answer 1

DPP v SMITH

Question 2

A wound requires both layers of skin to be broken

Answer 2

MORIARTY v BROOKES

Question 3

No matter how serious internal bleeding, not a wound if no skin broken

Answer 3

EISENHOWER

Question 4

Psychiatric harm can be GBH if serious enough

Answer 4

R v BURSTOW

Question 5

MR - s.20 - “Maliciously” do harm - Intention or recklessness to do SOME harm (ABH)

Answer 5

R v SAVAGE; R v PARMENTER

Question 6

ABH = any hurt or injury calculated to interfere with health or comfort of the victim

Answer 6

R v MILLER

Question 7

ABH = Any psychiatric harm if recognised condition

Answer 7

R v IRELAND

Question 8

Physical Assault

Answer 8

Infliction of Unlawful Force Upon Victim

Question 9

Physical Assault - Indirect Infliction - Punching baby’s mother caused her to drop baby was assault on the baby

Answer 9

HAYSTEAD v CC of DERBYSHIRE

Question 10

Simple Assault

Answer 10

Acts/Words which Cause V to Apprehend the Immediate Infliction of Unlawful Force

Question 11

Simple assault can be acts or words

Answer 11

R v IRELAND

Question 12

Simple assault requires only apprehension of infliction of immediate unlawful personal force

Answer 12

FAGAN v MET POLICE

Question 13

Simple Assault - Only need to fear assault could occur immediately

Answer 13

R v BURSTOW

Question 14

Simple Assualt - A conditional threat is also an assault

Answer 14

READ v COKER

Question 15

Simple Assault - MR - Intention or Recklessness as to V’s apprehension of unlawful personal force

Answer 15

R v VENNA

Question 16

CPS Charging Standards GBH

Answer 16

• permanent disability
• loss of sensory function
• major break
• big blood loss
• lengthy treatment/incapacity

Question 17

CPS Charging Standards ABH

Answer 17

• minor cuts (where treatement)
• extensive bruising
• temp loss of consciousness
• minor fractures
• broken nose

Question 18

Defence - Generally the defence of consent is only when no harm is done or intended

Answer 18

COLLINS v WILCOCK

Question 19

Defence - Attorney General Ref 6 of 1980 exceptions to general consent rule

Answer 19

• Sport
• Surgery
• Tattooing, Piercing
• Dangerous exhibition (circus)

Question 20

Defence - Sport within the rules or spirit of the game counts as a form of consent

Answer 20

R v BARNES

Question 21

Defence - Tattooing, piercing and circumcision are lawful acts

Answer 21

R v BROWN

Question 22

Defence - As per R v BROWN - Consent is invalid if…

Answer 22

• Corrupts young men
• Spreads disease
• Excessive level of pain
• Breeds and glorifies cruelty

Question 23

Defence - No consent if risk of harm is Beyond Merely Transient and Trivial

Answer 23

R v EMMETT

Question 24

Defence - Reasonable Chastisement - A parent or person in loco parentis can use reasonable force to discipline a child

Answer 24

R v HOPLEY

Question 25

Defence - Duress

Answer 25

R v GRAHAM

1. D subjectively believed he was threatened with death/serious injury (self or another)
2. (Objective) Person of reasonable firmness of D’s Age/Gender would have given way

Question 26

Defence - Self-defence can be pre-emptive

Answer 26

R v BIRD

Question 27

Defence - Discretion in decision-making allowed in the hear of the moment

Answer 27

R v PALMER

Question 28

Defence - A person is judged in self-defence on the facts as they honestly (not reasonably) believe them to be

Answer 28

R v Williams

Question 29

Defence - Mistake due to voluntary intoxication negatives self-defence

Answer 29

R v O’GRADY

not a defence to Basic Intent Crimes - DPP v MAJEWSKI

Question 30

Defence - Mistake due to psychiatric ailment negatives self-defence

Answer 30

R v MARTIN