Offences Against the Person

Question 1

Fagan v MPC

Answer 1

Assault = any act which causes another to apprehend immediate and unlawful personal violence
MR = intention/recklessness as to causing another to apprehend violence
Battery = actual intended use of unlawful force to another without consent

Question 2

R v Wilson

Answer 2

Words or gestures can constitute assault

Question 3

R v Ireland; Burstow

Answer 3

Silent telephone calls could amount to assault

Must apprehend physical harm, not psychiatric harm

Question 4

R v Lamb

Answer 4

The victim must apprehend violence

Question 5

Logdon v DPP

Answer 5

Ability to carry out the threat is immaterial if the victim apprehends the violence

Question 6

Tuberville v Savage

Answer 6

Words can negate an assault

Question 7

Smith v Chief Superintendant Woking Police Station

Answer 7

‘Immediate’ does not mean instantaneous

Question 8

R v Constanza

Answer 8

‘Immediate’ = in the immediate future

Question 9

Collins v Wilcock

Answer 9

Merest touch counts as force

Implied consent available as defence

Question 10

R v Thomas

Answer 10

Touching clothes is sufficient for force

Question 11

Faulkner v Talbot

Answer 11

No hostility, rudeness or aggression required

Question 12

Haystead v DPP

Answer 12

Can be an indirect application of force

Question 13

R v Santana Bermudez

Answer 13

Omitting to tell police office about needle in pocket amounted to a battery - creation of a dangerous situation resulted in a duty to act

Question 14

R v Venna

Answer 14

MR for battery = intention/recklessness as to applying unlawful force

Question 15

DPP v Little

Answer 15

Statutory assault = common law assault or battery

Question 16

R v Miller

Answer 16

ABH = any hurt or injury calculated to interfere with the health and comfort of the victim - must be more than transient and trifling

Question 17

R v Chan Fook

Answer 17

Must be a hurt or injury, can include psychological hurt

Question 18

DPP v T

Answer 18

Momentary loss of consciousness has been held to be ABH

Question 19

R v Savage; Parmenter

Answer 19

Mens rea = intention/recklessness as to assault battery - not to harm

Question 20

DPP v Smith

Answer 20

Cutting hair held to be ABH

Question 21

C (a minor) v Eisenhower

Answer 21

Wound = continuity of the whole skin must be broken

Question 22

R v Saunders

Answer 22

GBH = serious harm

Question 23

R v Bollom

Answer 23

Totality of injuries and effect on victim may be examined collectively

Question 24

R v Cunningham

Answer 24

‘Maliciously’ = recklessly or intentionally

Question 25

R v Mowat

Answer 25

MR for s47 = intention or recklessness as to causing some harm (not GBH)

Question 26

R v Kennedy

Answer 26

Three ways of committing poisoning offence - administer, cause to be administered or cause to be taken

Question 27

R v Gillard

Answer 27

Spraying noxious substance on victim’s skin counts as administering

Question 28

R v Marcus

Answer 28

s24 - no need to be intrinsically harmful if administered in a noxious dose

Question 29

R v Hill

Answer 29

Look to ultimate intention (to injury aggrieve or annoy)

Question 30

R v Cato

Answer 30

s23 - noxious substance has to be intrinsically dangerous