non fatal offences cases

Question 1

assault: words contradicted actions

Answer 1

Tuberville v Savage (1669)

Question 2

assault: no apprehension

Answer 2

R v Lamb (1967)

Question 3

assault: imitation gun - made V apprehend immediate unlawful personal violence

Answer 3

Logdon v DPP

Question 4

assault: silence can amount to an assault

Answer 4

R v Ireland

Question 5

assault: gestures

Answer 5

Smith v Superintendent of Woking Police

Question 6

assault: V’s state of mind is key

Answer 6

R v Ramos

Question 7

assault: MR intention or reckless to intend

Answer 7

R v Venna

Question 8

battery: questioned application of force

Answer 8

Cole v Turner

Question 9

battery: touching a persons clothes is equivalent to touching them

Answer 9

R v Thomas

Question 10

battery: use of a vehicle controlled by D

Answer 10

Fagan v MPC

Question 11

battery: use of an instrument, application does not need to be directly applied

Answer 11

DPP v K (a minor)

Question 12

battery: direct application of force can be via another person

Answer 12

R v Haystead

Question 13

ABH: defined as ‘any hurt or injury calculated to interfere with the health or comfort of the victim’

Answer 13

Miller (1954)

Question 14

ABH: mere emotions such as fear, distress or panic does not amount to ABH - but severe shock or hysteria does

Answer 14

R v Chan-Fook (1994)

Question 15

ABH: temporary loss of consciousness can amount to ABH

Answer 15

T v DPP (2003)

Question 16

ABH: cutting hair or putting paint in can amount to ABH

Answer 16

DPP v Smith (2006)

Question 17

ABH: MR - No need to establish intention or recklessness for ABH, but for the initial assault or battery

Answer 17

R v Roberts (1971)

Question 18

ABH: S47 requires MR to apply unlawful force - no foresight of injury is required

Answer 18

R v Savage (1991)

Question 19

GBH: HofL defined it as “really serious harm”

Answer 19

DPP v Smith (1961)

Question 20

GBH: indirect application of force was sufficient for a conviction under s.20

Answer 20

R v Martin (1881)

Question 21

GBH: psychiatric injury can amount to bodily harm

Answer 21

R v Burstow (1997)

Question 22

GBH: several minor injuries can amount to GBH

Answer 22

R v Brown and Stratton

Question 23

GBH: if risk of serious sexual disease is concealed, V has no consented, D if liable under s.20

Answer 23

R v Dica

Question 24

wounding: requires break in the ‘continuity of the skin’

Answer 24

JJC v Eisenhower

Question 25

wounding: defendant does not need to intent or be reckless to cause serious harm, but to cause some harm

Answer 25

R v Savage
R v Parmenter

Question 26

GBH/W w/ intent: MR = direct or oblique intention

Answer 26

R v Belfon