Non Fatal Offenses

Question 1

What is Assault?

Answer 1

V apprehends immediate unlawful force (fear, no injury)

Question 2

What is the AR for Assault?

Answer 2

D causes V to apprehend application of immediate unlawful force (must be act no omission)
IRELAND : silent phone calls
CONSTANZA : letters
LOGDON: Joke (gun)
WOKING: entered private garden looked through window. Doesn’t have to be instantaneous, immediate is ok.
TUBERVILLE V SAVAGE : words can negate an assult.

Question 3

What are the cases for AR of assault?

Answer 3

IRELAND : silent phone calls
CONSTANZA : letters
LOGDON: Joke (gun)
WOKING: entered private garden looked through window. Doesn’t have to be instantaneous, immediate is ok.
TUBERVILLE V SAVAGE : words can negate an assult.

Question 4

What is the MR for assault and its cases?

Answer 4

D intentionally/recklessly causes V to apprehend the application of immediate unlawful force.
(VENNA)

Question 5

What is Battery?

Answer 5

Application of unlawful force onto V ( touch without consent, no injury )

Question 6

What is the AR for battery?

Answer 6

Application of unlawful force

Question 7

What are the AR cases for Battery?

Answer 7

COLLINS V WILCOCK : sex worker officer arresting , slightest touch without consent
THOMAS: caretaker , touching clothes.
HAYSTEAD: indirect contact, punch woman who drop baby , hit floor.
SANTA-BERMUDAZ: needle pocket, duty to act omission.

Question 8

What is the MR for Battery and the case?

Answer 8

Intentionally/recklessly applying unlawful force.
VENNA

Question 9

What is S47 offence against a person act 1861?

Answer 9

Assault occasioning ABH

Question 10

What is the AR for S47 if its assault?

Answer 10

Assault: D causes V to fear the application of immediate unlawful force. ( assault case: .e.g. longdon, ireland, smith)

Question 11

What is the AR for S47 if its for battery?

Answer 11

Battery: D applies unlawful force (+ battery case: haystead, collins , thomas)

Question 12

How do you prove that assault/battery causes ABH?

Answer 12

State factual and legal causation and any intervening acts.

Question 13

What are the cases for S47?

Answer 13

CHAN FOOK: harm thats more than trivial but less than serious. ( D act aggressively and locked V in room.) ( include phychatric issues)
DPP v SMITH: cutting hair
BURSTOW: bodily harm includes psychiatric illness
R(t) v DPP : loss of consciousness
DPP V K: indirect act ( put chemicals in hand dryer)

Question 14

What is the MR for S47?

Answer 14

Same as assault/ battery: D intentionally or recklessly causes V to apprehend the application of immediate or unlawful force. (Venna)

Question 15

What is the AR for S18 and S20?

Answer 15

Wound or GBH
Wound
Wound is break to 2nd layer of skin (MORIARTY V BROOKS)
Cants be internal injury. (EISENHOWER)
GBH
Serious harm (SAUNDERS)
Biological disease (DICA)
Age/health (BOLLOM)
Psychiatric injury (BURSTOW)
Indirect (MARTIN)

Question 16

What is the MR for S20?

Answer 16

Intentionally/recklessly causing some harm (MOWATT)

Question 17

What is the MR for S18?

Answer 17

Intention to cause serious harm (BELFON)

Question 18

What are the cases for S20 and S18?

Answer 18

EISENHOWER: V hit in eye by shot gun pellet.
MORIARTY V BROOKS: pub landlord struck customer during argument.
BURSTOW: V of stalker suffered severe depression as result.
DICA: infected V with HIV, GBH as D knew was + for HIV but deliberately had intercourse.
MARTIN: placed metal bar on exit and shouted fire, several severly injured.
BOLLOM: D case bruising to 17 month old. Court appealed V age/health relevant when deciding GBH.
MOWATT: D knocked V to floor and punched him violently in face.