OAP

Question 1

Smith v Superintendent of Working Police Station 1983

Answer 1

ASSAULT

Looking through window - no intention of carrying out threat

Question 2

Burstow, Ireland 1997

Answer 2

ASSAULT
Silent phone calls
Intended to cause fear + so understood

Question 3

Fagan v MPC 1968

Answer 3

BATTERY

Positive Act - initial act of touching through car

Question 4

DPP v K 1990

Answer 4

BATTERY

Acid hand dryer

Question 5

Haystead v Chief Constable of Derbyshire 2000

Answer 5

BATTERY

Struck mother holding baby - battery to baby - no matter technique

Question 6

DPP v Santana Bermudez 2004

Answer 6

BATTERY

Needle - reckless

Question 7

R v Venna 1976

Answer 7

COMMON ASSAULT - MENS REA
Police - mistake, fracture hand when kicking another officer’s foot
Cunningham recklessness - foresight of physical contact

Question 8

Savage, Parmenter 1991

Answer 8

s47 - ASSAULT ABH - MR
Beer Glass - dismissed
Played with son - allowed
Cunningham - intended or foresaw - no need to foresee gravity

Question 9

R v Roberts 1971

Answer 9

s47 - ASSAULT ABH - AR

Jump car - indecent proposals

Question 10

R v Chan-Fook 1994

Answer 10

s47 - ASSAULT ABH - AR
Psychiatric injury - question suspect
Bodily - includes nervous system

Question 11

R v DPP 2003

Answer 11

s47 - ASSAULT ABH - AR

Physical pain not necessary

Question 12

DPP v Smith 2006

Answer 12

s47 - ASSAULT ABH - AR

Pony Tail - intrinsic; concerned with the body

Question 13

JCC v Eisenhower 1983

Answer 13

s20 - WOUNDING

Break in the continuity of the whole of the skin

Question 14

R v Martin 1881

Answer 14

s20 - INFLICTING
Fire exit
No need for direct application of force

Question 15

Burstow 1997

Answer 15

s20 - INFLICTING
Cause and inflict - no radical divergence
Psychological conditions can be inflicted

Question 16

Dica 2004

Answer 16

s20 - INFLICTING
HIV - GBH?
Consent - no defence under s18 but defence under s20

Question 17

Konzani 2005

Answer 17

s20 - INFLICTING
HIV - GBH?
Recklessly

Question 18

Golding 2014

Answer 18

s20 - INFLICTING

Herpes virus - Dica applied

Question 19

Bollom 2004

Answer 19

s20 - GBH

Impact on particular victim

Question 20

Mowatt 1968

Answer 20

s20 - MR

Foreseeing some harm, not gravity

Question 21

Brady 2007

Answer 21

s20 - MR

Recklessness - objective

Question 22

R v Morrison

Answer 22

s18 - GBH + Intent
Cunningham - subjective
Police - broken window

Question 23

DPP v Pal 2000

Answer 23

RR Aggravated Assault

Anger at having to leave centre

Question 24

White 2001

Answer 24

RR Aggravated Assault
African = black
Doubt S American

Question 25

DPP v McFarlane 2002

Answer 25

RR Aggravated Assault

Jungle Bunny + Black Bastard - wrong to acquit because trigger was parking

Question 26

AG Ref No 4 2004

Answer 26

RR Aggravated Assault

Immigrant Doctor

Question 27

Rogers 2007

Answer 27

RR Aggravated Assault

Bloody Foreigners - not technical term

Question 28

Cockburn 2008

Answer 28

MANTRAP

Question 29

Criminal Justice Act 1988 s39

Answer 29

Common Assault and Battery

Question 30

OAPA 1861

Answer 30

s47: Assault + ABH
s20: Wounding + GBH
s18: GBH + Intent

s31: mantrap

Question 31

Crime and Disorder Act 1998

Answer 31

s28: racially or religiously aggravated

Question 32

UK Borders Act 2007 s22

Answer 32

Assaulting immigration officer