Offences Against the person

Question 1

Constanza 1997

Answer 1

Facts: D made silent phone calls, wrote things on V’s front door and regularly followed her. This led to V suffering from clinical depression
Held: CoA held that letters and words can amount to an act for an assault - words alone, written or verbal can amount to an act for a technical assault (psychic assault)

Question 2

Technical assault (psychic assault)

Answer 2

Intentionally or recklessly causing another to apprehend immediate violence - no proof of harm is necessary

Question 3

Battery

Answer 3

The intentional or reckless unlawful application of physical force - direct or indirect contact made

Question 4

section 39 Criminal Justice Act 1988

Answer 4

Assault and battery - summary offences

Question 5

Collins v Wilcock 1984

Answer 5

Shows difference between assault and battery
Assault: an act that causes another person to apprehend the infliction of immediate unlawful force on his person
Battery: the actual infliction of unlawful force on another person
MR: Intention or subjective recklessness

Question 6

Fagan v Metropolitan Police Commissioner 1968

Answer 6

A technical (psychic) assault cannot be committed by omission
Facts: D’s refusal to move his car off of the police officers foot was a continuing act
(Santana-Bermudez contradicts this)

Question 7

Santana-Bermudez 2003

Answer 7

Assault by omission
Held: where D, by act or word or omission or a combination creates a danger and thus exposes another to a reasonably foreseeable risk of injury which materialises there is a basis for the actus reus of assault occasioning actual bodily harm
Facts: D allowed police officer to search their person, said they had no sharps on them, when V searched they were wounded by a needle
Omission - created a dangerous situation

Question 8

Tuberville v Savage 1669

Answer 8

Held: Words can also negate a technical (psychic) assault
Facts: “If it were not such an assize time, I would not take such language from you” while he put his hand on his sword

Question 9

Smith v Chief superintendant of Woking Police Station 1983

Answer 9

Held: Immediate does not mean instantaneous, it means imminent

Question 10

R v G 2003

Answer 10

Subjective recklessness
Recent confirmation of use of ‘Cunningham reckless’
- D is reckless where he foresees the risk of harm and goes on to take that risk, unjustifiably

Question 11

Thomas 1985

Answer 11

The slightest application of physical force may amount to an infliction
Held: This includes the touching of a victims clothing

Question 12

Innes v Wylie 1844

Answer 12

Battery cannot be committed by omission: it needs to be a positive act

Question 13

DPP v K 1997

Answer 13

Held: The application of force need not be direct
Facts: school kid put acid in a hand dryer, hid and V used the hand dryer blowing acid into their face

Question 14

Slingsby 1995

Answer 14

Signet ring fisting - died - not guilty

Held: if ABH is caused but not intended or foreseen then consent is a defence to ABH

Question 15

Barnes 2004

Answer 15

Consent can be a defence to ABH with sport as long as the injury came about as something that is a part of the game e.g. a tackle but not if it fell outside the rules of the game

Question 16

Wilson 1997

Answer 16

Consensual branding - court found him not guilty
No intention to injure only as an expression of love
- Lord said they didn’t want to interfere with the matrimonial bed

Question 17

Dica 2004

Answer 17

Sexual intercourse leading to HIV
If the women had consented to sex and the risk of HIV then this would be a defence e.g. someone who wants to have children with them

Question 18

Clarence 1889

Answer 18

Principle: consent is only vitiated by fraud or mistake as to the identity of the actor or or the nature of the act

Question 19

DPP v smith 2006

Answer 19

Hair is regarded to as part of the body

Question 20

Ireland 1997

Answer 20

silent phone calls, words written or verbal can amount to an assault

Question 21

Eisenhower

Answer 21

A wound is defined as a break in the continuity of the whole skin

Question 22

Bollom 2003

Answer 22

GBH is defined as really serious harm