non fatal offences against the person and consent

Question 1

What’s the AR for assault

Answer 1

An act which makes the victim apprehend that immediate and unlawful force is about to be used against them

Question 2

What 3 things makes an assault

Answer 2

1) there must be an act
2) V fears unlawful force or violence will be used against them
3) fearing the immediate infliction of force (violence )

Question 3

Explain the case of R v Constanza

Answer 3

F: the victim was a female ex-colleague whom he stalked for 2 years he followed her home from work made numerous silent telephone calls sent over 800 letters repeatedly drove past her home visited her against her wishes and wrote offensive words on her front fore his final 2 lettered she interpreted as threats she suffered clinical depression and anxiety
H: words alone can amount to an assault

Question 4

Explain the case of Ireland

Answer 4

F: the D was constantly making silent calls to the V making her feel fear
H:silence can amount to an assault the act of ringing her was committed even though the calls made to the v here silent once the immediacy element is satisfied by the D making the calls causing the V to suffer immediate fear of an unlawful act occurring

Question 5

Explain the case of tuberville v savage

Answer 5

F:D put his hand on his sword and stated , if it weren’t assize-time I wouldn’t take such language from you (assize-time is when the judges were in town for court sessions)
H:words can conceal/neglect an assault

Question 6

Explain the case of smith v chief superintendent working police station

Answer 6

F:v was at home in her ground floor beds it and saw the D standing in her garden staring at her through the window he was found liable for assault on the grounds that the victim feared the immediate infliction Of force even though she was safely locked inside
H:even though the window was closed the v still have immediate fear of what might occur next v fearing physical attacks in the imminent future was enough

Question 7

What is the men’s rea of assault

Answer 7

The men’s rea of assault is either intention or subjective recklessness as to causing the victim to fear the infliction of immediate and unlawful force

Question 8

Explain the case of logdon

Answer 8

F:D pointed in imitation of a gun at a woman inject she was terrified the D then told her it wasn’t real
H:v had feared immediate use of unlawful physical force / violence and D had been at least reckless as to whether this would occur it was enough that v had reasonable cause to fear that force

Question 9

What is the definition of battery

Answer 9

Intending or being reckless as to the application of unlawful force

Question 10

What is the AR of battery

Answer 10

The application of unlawful force on v

Question 11

What did the Faulkner v Talbot case say about “force”

Answer 11

It’s misleading as any unlawful physical contact can amount to a battery there is no need to prove harm or pain and a mere touch can be sufficient

Question 12

Explain the case of Collins v willcock

Answer 12

F:police officers stopped and grabbed the arm of a woman he believed to be a prostitute D resisted and was charged with assaulting a constable
H:while in law any unlawful touching could amount to a battery everyday allowances for the ‘exigencies of everyday life’ had to be made. no harm or pain

Question 13

Explain the case which supports the direct application of unlawful force

Answer 13

Thomas F: d grabbed a 12 yr old girl by her skirt and was charged with indecent assault touch a persons clothes was the same as touching the person
H: the slightest touch constitutes a battery even if no application of ‘force’ occurred

Question 14

Explain the case that supports indirect application of force

Answer 14

DPP v Khan F: when the d hid acid in the hand dryer it was used, there was a satisfaction that an indirect force had been applied as a result of D’s actions hiding acid in there
H:this amounted to a battery as there was indirect force applied

Question 15

What does fagan prove about battery

Answer 15

It can be direct or indirect force but battery can’t usually be committed through omission

Question 16

What is the mens rea of battery

Answer 16

Intention or subjective recklessness as to the application of unlawful force

Question 17

What creates a S47

Answer 17

1) AR of assault + MR of assault + ABH Or

2) AR of battery + MR of battery + ABH

Question 18

What do we Learn from the case of R v Chan Fook

Answer 18

The word ‘actual’ indicates that the injury should “…not be so trivial as to be insignificant “

Question 19

Explain the case of T v DPP

Answer 19

F: d and a group of other youths chased v v fell to the ground and saw D coming towards him V covered his head with his arms and was kicked he momentarily lost consciousness and remembered nothing until woken by police
H: d was convicted of assault occasioning ABH

Question 20

Explain the case of DPP v Smith

Answer 20

F: the d had an argument with his girlfriend he cut off her pony tail without her consent he was charged with S47 of the offences against the persons act
H: the magistrates found there was no case to answer as they thought that cutting hair couldn’t amount to ABH prosecution appealed and divisional court held that cutting off a substantial amount of hair could be ABH

Question 21

Explain case of Dica

Answer 21

D knew he was HIV + and had unprotected sex with v1 and v2
CA said v’s had consent so he wasn’t liable for rape but hadn’t consented to the risk of HIV as they didn’t know so there was no informed consent

Question 22

What is the rule about consent as a defence

Answer 22

If the D raised consent as a defence then prosecution are obliged to disprove it

Question 23

What was the case and verdict that supports the rule that there are limits to the level of harm which can be consented to

Answer 23

AG references no. 6 of 1980 2 youths decided to settle an arm rhyme to by means of a fist fight on sustained a bloody nose and a bruised face they were acquitted it following an appeal by AG the CoA said they shouldn’t have been
Lord lane: “it’s not in the public interest that people should try to cause each other ABH for no good reason

Question 24

What is the consent rule?

Answer 24

Assault/battery + consent = no offence
ABH/GBH+ consent = offence
ABH/GBH+ consent + exception = no offence

Question 25

Explain the case of R v leach

Answer 25

F:V had arranged to be crucified on Hampstead Heath D’s at his request bailed him to a wooden cross, pierced his hands with 6inch nails and was found liable under S18
H:not allowed to rely on V’s consent to a serious injury if the activity falls within recognised exceptions

Question 26

What was held following the case R v Brown and others

Answer 26

D’s can only rely on the V’s consent if the activity falls within recognised exceptions

Question 27

What are the 7 recognised exceptions for consent?

Answer 27

1) contact sport
2)rough horseplay
3)tattooing
4)non-violent sexual relations
5)surgery
6)ear piercing
7)male circumcision
! how the rules are applied in these situations will depend on the circumstances in each case and will take into account public policy !

Question 28

What sport isn’t included in the exception of contact sport?

Answer 28

Bare knuckle fist fighting is illegal even though both parties consent - coney

Question 29

What is boxing covered under?

Answer 29

‘Marquis of Queensbury’ rules

Question 30

Explain the case of R v billinghurst

Answer 30

D punched an opponent “off the ball” during a rugby match fracturing his jaw in 2 places he was convicted of a S20 offence and appealed the conviction was upheld as although V had impliedly consented to injuries caused by the toughness of the game itself he hadn’t consented to being punched off the ball

Question 31

Explain the case of R v Barnes

Answer 31

F:During the course of an amateur football match D seriously injured the leg of another played in a tackle. Charged with S20 -prosecution said the lack lie was late unnecessary, reckless and too high
H:CA allowed appeal against conviction in deciding whether the conduct justified criminal liability the court would look at all the circumstances of the case

Question 32

What are the 5 circumstances that the court would take into account?

Answer 32

1. Type of sport
2. the level at which it is played
3. The nature of the conduct
4. degree of force used
5. extent of the risk of the injury and D’s state of mind

Question 33

Explain the case of R v Jones

Answer 33

F: a gang of schoolboys threw their victims up 10 ft in the air so one V had suffered a ruptured spleen and broken arm
H:defence as allowed on the basis that there was no intention to cause injury and an appeal conviction for GBH was quashed

Question 34

Explain the case of R v Richardson and Irwin

Answer 34

F: 2 intoxicated university students listen the victims over the edge of a balcony where he was dropped and fell about 3 metres suffering a serious injury D charged with S20
Ratio: Clarke LJ said that the question was not what about her would have foreseen but the D themselves would have foreseen had they been sober
NB: in connection to the intoxication CA -if D lacked MR because they were intoxicated and would have had MR if sober they can still be found liable

Question 35

What are the 5 elements Of consent

Answer 35

1) contact sport
2) rough horseplay
3) tattooing
4) non violent sexual relations
5) surgery

Question 36

Explain the case of R v Brown and others

Answer 36

F:private party in the home is one of the D’s guests were engaging in homosexual sadomasochistic activities. No one complained or suffered permanent injury police officers came across footage of the party and were charged with S47 and S20
H: decision of HofL lord templeman “defence of consent was rejected can’t consent to serious harm unless it comes under one of the recognised exceptions

Question 37

Explain the case of R v Wilson

Answer 37

F:branded his wife’s buttocks with a hot iron (she had consented ) charged with S47
H: CA 1) conducts falls under tattooing exception 2) not in public interest to interfere between husband and wife consensual activity in the privacy of their Mauritian status

Question 38

Explain the case of R v Tabassum

Answer 38

F:V’s removes bars believing it was for a medical examination man not medically qualified D tried to claim V’s had consented
H:any fraud nullifies consent

Question 39

Explain the case of gillick V west Norfolk area health authority (1986)

Answer 39

F:15yr old girl requested the contraceptive oil from her doctor and asked that the dr not inform her parents her mother found out and complained because the girl was under 16
H:where the child is ‘gillick’ competent, consent from the parent may not be necessary

Question 40

Explain the case of RE W

Answer 40

F:16yr old suffering from anorexia nervosa and refused medical treatment which would have saved her life court was prepared to override her refusal even though she was regarded as gillick competent
H:can’t refuse treatment in this case for anorexia