Non Fatal offences cases

Question 1

What act is used for Assault and Battery?

Answer 1

S39 Criminal justice act 1988

Question 2

What act is used for S47, S20 and S18

Answer 2

Offences against the person act 1861

Question 3

Logdon

Answer 3

To define AR of assault ‘Any Act or words that cause the V to fear the immediate infliction of unlawful force ‘

Question 4

Collins V willcock

Answer 4

To Define AR of assault ‘Any Act or words that cause the V to fear the immediate infliction of unlawful force’

Question 5

What is the AR of assault?

Answer 5

Any Act or words that cause the V to fear the immediate infliction of unlawful force

Question 6

Smith V woking police station

Answer 6

To Define Immediate ‘Anytime not excluding the immediate future’

Question 7

Constanza

Answer 7

To Define immediate ‘Anytime not excluding the immediate future’

Question 8

What is the definition of immediate?

Answer 8

Anytime not excluding the immediate future

Question 9

Savage

Answer 9

To define MR of assault ‘Intention or recklessness to cause the v to fear the immediate infliction of unlawful force ‘

Question 10

What is the MR of assault?

Answer 10

Intention or recklessness to cause the v to fear the immediate infliction of unlawful force

Question 11

Collins V willcock (B)

Answer 11

To define AR of battery ‘application of unlawful force to another ‘

Question 12

What is the AR of Battery ?

Answer 12

application of unlawful force to another

Question 13

Thomas

Answer 13

Used in AR battery to show even touching a persons clothing is enough

Question 14

Haystead

Answer 14

Used in AR of Battery to show The battery could be indirect.

Question 15

Venna

Answer 15

To define MR of battery ‘Intention of recklessness to apply unlawful force ‘

Question 16

What is the MR of Battery?

Answer 16

Intention of recklessness to apply unlawful force

Question 17

What is the AR for s47 offences?

Answer 17

choose whether it is a assault or battery !!!

Question 18

Don’t forget causation issues in s47 !!

Answer 18

pagett , smith, Cheshire, Roberts and blaue

Question 19

Miller

Answer 19

to Define ABH ‘Any injury or hurt that interferes with the health and comfort of the v ‘

Question 20

What is the definition of ABH?

Answer 20

Any injury or hurt that interferes with the health and comfort of the v and any injury not so trivial as to be wholly insignificant.

Question 21

Chan-Fook

Answer 21

psychological injury such as depression and To Define ABH ‘any injury not so trivial as to be wholly insignificant’

Question 22

Smith (s47)

Answer 22

Cutting someones hair amounts to an injury

Question 23

What is the MR of s47?

Answer 23

refer to either assault of battery the injury is irrelivent

Question 24

What is the definition of s20 offences?

Answer 24

Malicious wounding or malicious infliction of GBH

Question 25

Eisenhower

Answer 25

Injury must be a wound which is when both layer of the skin are broken causing it to bleed

Question 26

Smith (s20)

Answer 26

To define GBH as ‘really serious harm’

Question 27

Bollom

Answer 27

Effect of injury on the health of v such that one v could be particular vulnerable

Question 28

Burstow

Answer 28

Injury could be psycological

Question 29

Brown and stratton

Answer 29

combination of minor injuries could amount t GBH

Question 30

Mowatt

Answer 30

MR for s20 ‘Intention or recklessness to cause some harm’

Question 31

What is the MR for s20?

Answer 31

Intention or recklessness to cause some harm