Non- Fatals

Question 1

What is an assault?

Answer 1

An assault is where the D ‘intentionally or recklessly causes the V to apprehend immediate unlawful violence’

Question 2

What statute is an assault charged under?

Answer 2

S.39 Criminal Justice and Immigration Act 1988

Question 3

What does the case of constanza tell us?

Answer 3

Letter can constitute an assault

Question 4

What does the case of Ireland tell us?

Answer 4

Silent phone calls can constitute an assault

Question 5

What does ‘apprehend’ mean?

Answer 5

Apprehend is not fear but believe. This does not have to be a rational belief so long as it is honestly held.

Question 6

What case defines ‘apprehend’?

Answer 6

Lamb

Question 7

What does immediate mean?

Answer 7

Immediate does not mean instantaneously but imminent

Question 8

What case defines immediate?

Answer 8

Smith v Woking Police Station

Question 9

When may an assault be lawful?

Answer 9

If the V gives genuine consent, if it is used in self-defence or the prevention of crime.

Question 10

What is the mens rea for an assault?

Answer 10

The MR for an assault is ‘intentional or recklessness’ as to causing the V to apprehend immediate unlawful violence.

Question 11

What is a battery defined as?

Answer 11

A battery is ‘intentionally or recklessly applying unlawful force to another’

Question 12

What statute is a battery charged under?

Answer 12

S.39 Criminal Justice and Immigration Act 1988

Question 13

What is ‘force’ defined as?

Answer 13

‘force’ is any touching that the V does not consent to, it must be more than everyday touching.

Question 14

What does the case of Thomas tell us?

Answer 14

Even touching the victims clothes can be a battery

Question 15

What does the case of Fagan v MPC tell us?

Answer 15

A battery can be committed through a continuing act

Question 16

What is S.47 ABH?

Answer 16

‘any assault or battery which causes actual bodily harm’

Question 17

What statute is S.47 held under?

Answer 17

S.47 Offence Against the Persons Act 1861

Question 18

What is the AR for S.47 ABH?

Answer 18

The AR of the assault or battery

Question 19

what is ABH defined as?

Answer 19

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

Question 20

What is the MR for S.47 ABH?

Answer 20

Intention or recklessness as to the assault or battery

Question 21

What is S.20 GBH defined as?

Answer 21

Intention or recklessness as to causing ‘some harm’

Question 22

What case demonstrates ’some harm’ ?

Answer 22

Smith; Saunders

Question 23

What is wounding defined as?

Answer 23

‘any break in the continuity of the skin’

Question 24

What case defines wounding as ‘any break in the continuity of the skin’?

Answer 24

Eisenhower

Question 25

What does the case of Dica tell us?

Answer 25

STI’s can be S.20 GBH

Question 26

What is the MR for S.20 GBH?

Answer 26

intention or recklessness as to causing some harm

Question 27

What statute is S.18 GBH held in?

Answer 27

S.18 Offence Against the Person Act 1861

Question 28

What is the MR for S.18 GBH?

Answer 28

Intention to cause serious harm

Question 29

What does the case of Morrison tell you about resisting arrest?

Answer 29

‘a person who intends to resist or prevent arrest, and has intention or recklessness as to causing a wind or injury can also be liable for S.18 GBH’

Question 30

What case tells us that a conditional threat is sufficient for an assault?

Answer 30

Read v Coker

Question 31

What does the cases of Tuberville v Savage; Light tell us?

Answer 31

If there are words indicating that there will be no violence then this may prevent it from being an assault

Question 32

What case tells us that ‘force’ must be more than everyday touching?

Answer 32

Collins v Wilcock

Question 33

What does the case DPD v K tell us?

Answer 33

A battery can be an indirect act

Question 34

What is the MR if a battery defined as?

Answer 34

The MR of a battery is intention or recklessness as to the application of unlawful force

Question 35

what case tells us that ABH is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’?

Answer 35

Miller

Question 36

What is psychiatric injury defined as?

Answer 36

Must be more than mere emotions such as fear, distress or panic

Question 37

What does the case of T v DPP tell us?

Answer 37

ABH includes momentary unconsciousness

Question 38

WhT case defines psychiatric injury?

Answer 38

Chan Fook

Question 39

What case tells us that S.20 GBH includes serious psychiatric injury?

Answer 39

Burstow