Non - fatals (CASES)

Question 1

Lamb

Answer 1

apprehend
V & D did NOT apprehend the infliction of violence, no offence therefore had taken place

The V must be aware that violence will be carried out but does not actually have to fear violence

Question 2

Logdon

Answer 2

apprehend
D as a joke pointed a gun at the V, who was terrified
there WAS an assault as V apprehended violence

The apprehension of violence must be against the V themselves not someone else

Question 3

Ireland

Answer 3

immediate
D made repeated phone calls
Such calls might lead the V to fear the possibility of personal violence “in a minute or two”

Question 4

Constanza

Answer 4

Words alone can constitute an assault
D posted 800 letters to V
they caused a “fear of violence at some time not excluding the immediate future”

Question 5

Smith

Answer 5

immediate
D stand in V’s garden at night
It was enough that the woman believed that she was in danger of having immediate violence inflicted upon her

Question 6

Tuberville V Savage

Answer 6

words may negative assault
“If it were not assize time I would not take such language from you”

Question 7

Cole v Turner

Answer 7

force
The slightest touch without the V’s permission will suffice for a battery

Question 8

Thomas

Answer 8

force
The rubbing of a girl’s skirt was held to amount to a battery

Question 9

Martin

Answer 9

the battery need not be directly inflicted on the V - indirect AR

D put an iron bar across the exit of a theatre and shouted ‘fire’

Question 10

Haystead

Answer 10

indirect AR
D punched a woman causing her baby to fall out her arms and hit its head on the floor

Question 11

Venna

Answer 11

It is the intention to apply force to another or recklessness as to whether such force is so applied

Question 12

Latimer

Answer 12

D may be liable under the doctrine of transferred malice
D intentionally hit A with his belt, but the belt rebounded and accidentally hit B

Question 13

T V DPP

Answer 13

loss of consciousness, even momentarily was held to be ABH
V covered his head with his armband was kicked by D and a group of other youths

Question 14

DPP V Smith

Answer 14

cutting a substantial amount of the V’s hair can amount to ABH

Question 15

Chan Fook - 2 PoL

Answer 15

1. ABH means ‘the injury should not be so trivial as to be insignificant’
2. the injury was capable of including psychiatric harm

Question 16

Savage

Answer 16

D only needs the MR for assault or battery to establish the MR for a s.47 offence

woman let go of the beer glass which she threw, it broke and cut the other woman’s wrist

Question 17

Saunders

Answer 17

grievous = serious harm

Question 18

Eisenhower

Answer 18

wound
2 layers of skin must be broken - internal bleeding will NOT suffice

Question 19

Bollom

Answer 19

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

Question 20

Halliday/Lewis

Answer 20

indirect AR
Lewis - wife broke her legs in an effort to escape her husband

Question 21

Burstow

Answer 21

psychiatric GBH
as a result of D’s actions (sending letters, photos, phone calls etc.) V suffered a severe depressive illness

Question 22

Brown & Stratton

Answer 22

GBH can be accumulated from small injuries in a single attack

Question 23

Mowatt

Answer 23

intentionally or recklessly inflict some harm not serious harm

Question 24

Belfon

Answer 24

for s.18 the prosecution has to establish that the D intended the GBH, recklessness was NOT sufficient