Non-Fatal Offences Cases

Question 1

ASSAULT

Silent telephone calls could amount to an assault depending on the impact on the victim

Answer 1

R v Ireland

Question 2

ASSAULT

Words alone may amount to an assault

Answer 2

Constanza 1997

Question 3

ASSAULT

The apprehension of fear need not be rational

Answer 3

Smith V Chief Inspector of Woking Police

Question 4

ASSAULT

If D is intoxicated when he commits the AR for assault/battery, they are considered to be the illegal act recklessly

Answer 4

DPP v Majewski 1976

Question 5

ASSAULT

D showed V a gun in a drawer and told V that it was loaded. V was frightened, V apprehended violence

Answer 5

Logdon V DPP 1976

Question 6

BATTERY

Any unlawful touching will do, for example taking hold of somebodies arm.

Answer 6

Collins V Wilcock 1984

Question 7

BATTERY

Deliberately driving over somebodies foot is a battery

Answer 7

Fagan V Metropolitan Police Commissioner 1969

Question 8

BATTERY

The application of force can be indirect

Answer 8

DPP V K 1990

Question 9

BATTERY

C of A confirmed recklessness will do for MR of battery

Answer 9

Venna

Question 10

BATTERY

If D is under a duty to act, then they may commit a battery through an omission

Answer 10

DPP V Santana Bermudez

Question 11

S.47

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

Answer 11

Miller 1954

Question 12

S.47

Hurt/ injury can include loss of consciousness

Answer 12

T v DPP 2003

Question 13

S.47

Cutting V’s hair can amount to ABH so long there is a substantial amount of hair

Answer 13

DPP v Smith

Question 14

S.47

Harm can include psychiatric harm but it must be a recognised medical condition

Answer 14

Chan Fook 1994

Question 15

S.47

It is not necessary that D intended or was reckless about causing ABH

Answer 15

Savage and Parmenter 1991 (separate cases)

Question 16

S.20

It is critical for D to be charged with the correct offence.

Answer 16

C v Eisenhower 1984

Question 17

S.20

Wounding requires both layers of skin to be broken

Answer 17

Moriarty v Brookes 1834

Question 18

S.20

A broken bone is not a wound unless the skin is broken

Answer 18

Wood 1830

Question 19

S.20

GBH means ‘really serious harm’

Answer 19

DPP v Smith 1961

Question 20

S.20

The severity of the injuries should be assessed according to V’s age and health

Answer 20

Bollom 2004

Question 21

S.20

Serious psychiatric harm could amount to GBH

Answer 21

R v Ireland 1997

R v Burstow 1997

Question 22

S.20

Infecting somebody with HIV was seen as GBH

Answer 22

Dica 2004

Question 23

S.20

D must at least foresee some harm

Answer 23

R v Mowatt confirmed in Parmenter 1991