Non-fatal offences and Elements of a Crime

Question 1

AR of assault

Answer 1

1. An act (not an omission)
2. Causes the victim to apprehend violence
3. Fear of violence is immediate/imminent

Question 2

R v Ireland states what about the offence of assault?

Answer 2

An assault must be a positive action

Question 3

R v Lamb stateds what about the offence of assault?

Answer 3

The victim must apprehend violence (assault)

Question 4

Tuberville v Savage states what about the offence of assault?

Answer 4

Words can negate the threat (assault)

Question 5

Smith v Chief Super Intendent of Woking Police Station states what about the offence of assault?

Answer 5

Fear of violence must be immediate/imminent

Question 6

MR of assault

Answer 6

Direct intention or subjective recklessness to cause the victim to fear unlawful and immediate violence

Question 7

Sentence for assault

Answer 7

Six months

Question 8

AR of battery

Answer 8

Inflicting unlawful physical force

Question 9

R v Fagan states what about the offence of battery?

Answer 9

Inflicting unlawful physical force (battery)

Question 10

R v Day states what about the offence of battery?

Answer 10

Touching clothes can amount to unlawful physical force (battery)

Question 11

Collins v Willcock states what about the offence of battery?

Answer 11

Overly sensitive

Question 12

DPP v K states what about the offence of battery?

Answer 12

Force can be indirect (battery)

Question 13

MR of battery

Answer 13

Direct intention or subjective recklessness to inflict unlawful physical force

Question 14

AR of s.47 ABH

Answer 14

An assault or battery causing actual bodily harm (ABH)

Question 15

R v Miller (s.47) defines what?

Answer 15

ABH is ‘any hurt or injury calculated to interfere with the health & comfort’ of V

Question 16

Chan Fook (s.47) defines what?

Answer 16

ABH “does not have to be permanent but must be more than trivial”

Question 17

DPP v Smith states what about the offence of s.47?

Answer 17

Cutting hair can amount to ABH

Question 18

MR of s.47 ABH

Answer 18

Direct intention or subjective recklessness to commit an assault or battery

Question 19

AR of s.18/s.20

Answer 19

Causing GBH or wounding

Question 20

Wounding definition

Answer 20

Breaking two layers of skin (Eisenhower)

Question 21

GBH definition

Answer 21

Really serious harm (DPP v Smith)

Question 22

R v Dica states what about the offence of s.18/20?

Answer 22

Infecting a person with HIV amounts to GBH

Question 23

MR of s.20

Answer 23

Direct intention OR subjective recklessness to cause SOME harm.

Question 24

MR of s.18

Answer 24

Direct or oblique intention to cause GBH or wounding

Question 25

Sentence for s.20

Answer 25

Maximum 5 year in prison

Question 26

Sentence for s.18

Answer 26

Up to life in prison

Question 27

Mohan applies to what MR?

Answer 27

Direct intention

Question 28

Cunningham applies to what MR?

Answer 28

Subjective recklessness

Question 29

Define Direct intention

Answer 29

Main aim or purpose

Question 30

Define Subjective recklessness

Answer 30

D knew the risk and took it anyway

Question 31

Define Oblique intention

Answer 31

99% virtual certainty the consequence would occur

Question 32

Woollen applies to what MR?

Answer 32

Oblique intention

Question 33

Latimer applies to what concept of MR?

Answer 33

Transferred malice

Question 34

Define Transferred malice

Answer 34

When Ds MR transfers from their intended victim to their actual victim

Question 35

Explain the Transferred malice exception

Answer 35

Malice can only transfer when D commits the same or similar crime as they originally intended

Question 36

Explain Causation in Fact

Answer 36

“But for” test

Question 37

Explain Causation in Law

Answer 37

Significant cause

Question 38

Pagett applies to what type of causation?

Answer 38

Causation in fact

Question 39

Jordan applies to what type of causation?

Answer 39

Causation in law

Question 40

What are the three breaks in the chain of causation?

Answer 40

1. Victim’s own actions (if not reasonably foreseeable)
2. Act of a third party (if not reasonably foreseeable)
3. Medical treatment

Question 41

R v Smith appies to what break in the chain of causation?

Answer 41

Medical treatment can break the chain of causation

Question 42

Explain when Medical treatment can break the chain of causation

Answer 42

The general rule is that medical treatment is unlikely to break the chain of causation unless it is so independent of the defendant’s acts and ‘in itself so potent in death’ that the defendant’s acts are insignificant,

Question 43

Five duties to act (omissions)

Answer 43

Contractual
Relationship
Taken on voluntarily
Creation of a danger
Official position

Question 44

Pitwood applies to what ommission?

Answer 44

Contractual duty

Question 45

Stone and Dobinson applies to what ommission?

Answer 45

Duty taken on voluntarily

Question 46

Gibbins and Proctor applies to what ommission?

Answer 46

Duty through a relaitonship

Question 47

R v Miller applies to what ommission?

Answer 47

Creation of a danger

Question 48

Dytham applies to what ommission?

Answer 48

Duty through official position