non fatal offences scenario

Question 1

assault

Answer 1

s39 CJA 1988;

making V apprehend immediate + unlawful personal force accompanied by intention or subjective recklessness; can be through letters (constanza) or silent phone calls (ireland)

act of shouting could make anika apprehend immediate + unlawful force AND shutting door on ben is unlawful force

Question 2

assault occasioning abh (s47 oapa 1861) : AR

Answer 2

common assault which occasions abh; ‘any hurt or injury calculated to interfere with health or comfort of V’ (miller); doesn’t need to be permanent but shouldn’t be trivial + can be psychical or psychological (chan-fook); can be direct or indirect

broken thumb of ben is any hurt or injury that interferes with the health or comfort of V

Question 3

assault occasioning abh (s47 oapa 1861) : MR

Answer 3

intention or subjective recklessness for the battery - D need to not foresee level of injury (roberts, savage)

ben at least subjectively reckless by shouting AND anika intends to assault ben by giving him a fright so guilty of abh as cannot foresee him breaking his thumb

Question 4

gbh

Answer 4

s18 oapa 1861

AR - unlawfully wound or cause gbh on any person; breaking ben’s back is really serious (pushed from scaffolding)
MR - an intention to cause gbh; anika has intent to seriously harm ben (pushed from scaffolding)