Non fatal offences cases

Question 1

gestures/actions can be an assault

Answer 1

Read v Coker

Question 2

Silence or spoken words can be an assault

Answer 2

R v Ireland

Question 3

written words can be an assault

Answer 3

R v Constanza

Question 4

words can cancel out a threat

Answer 4

Tuberville v Savage

Question 5

v can still apprehend force even if d cannot use force

Answer 5

DPP v Logdon

Question 6

immediate, legally ‘near future’

Answer 6

Smith v CCoW

Question 7

Direct intention

Answer 7

R v Mohan

Question 8

Recklessness

Answer 8

R v Cunningham

Question 9

force can be the (s)lightest touch

Answer 9

R v Thomas

Question 10

hostile, normal jostling of every day life

Answer 10

Wilson v Pringle

Question 11

Force can be applied by continuing act

Answer 11

Fagan v MPC

Question 12

force can be applied indirectly through e.g. via object

Answer 12

DPP v K

Question 13

force can even be applied by an omission but only where D has a duty to act and failed to perform it

Answer 13

DPP v Santa Bermudez

Question 14

ABH hurt or injury interfere with health and comfort of the victim

Answer 14

R v Miller

Question 15

ABH means harm cannot be so trivial to be wholly insignificant
psychiatric harm can be ABH

Answer 15

R v Chan-fook

Question 16

cutting of a persons hair can be ABH

Answer 16

DPP v Smith

Question 17

even a short loss of consciousness can be ABH

Answer 17

DPP v T

Question 18

just need mens rea for asssault or battery

Answer 18

R v Savage

Question 19

wound is a cut which goes through two layers of outer skin

Answer 19

JCC v Eisenhower

Question 20

definition of GBH

Answer 20

DPP v Smith

Question 21

GBH can be psychiatric

Answer 21

R v Burstow

Question 22

GBH can be biological harm

Answer 22

R v Dica

Question 23

GBH can be accumulation of minor injuries

Answer 23

R v Brown + Stratton

Question 24

GBH can be comitted indirectly

Answer 24

R v Martin

Question 25

s.18

Answer 25

R v Belfon

Question 26

s.20

Answer 26

R v Mowatt

Question 27

Age, health and frailty are factors for GBH

Answer 27

R v Bollom