Offences Against the Person

Question 1

AR of simple assault? Case.

Answer 1

Cause V to apprehend the immediate infliction of unlawful force. Fagan v Met Police Commissioner.

Question 2

Can words/threatening silence constitute simple assault? Case.

Answer 2

Yes - Ireland.

Question 3

What does ‘immediate’ mean for simple assault? Case.

Answer 3

Within a few minutes - Ireland.

Question 4

Does V need to apprehend that force actually will occur? Case.

Answer 4

No, just that it could - Burstow.

Question 5

MR for simple assault? Case.

Answer 5

Intend/reckless as to V’s apprehension - Venna.

Question 6

For physical assault, can the force be indirect? Case.

Answer 6

Yes - Haystead.

Question 7

How is ABH defined? Case.

Answer 7

Anything which interferes with the health/comfort of the victim - Miller.

Question 8

Can ABH include psychiatric harm? Case.

Answer 8

Yes, provided medically recognised - Ireland.

Question 9

Does the defendant have to intend the actual harm caused? Case.

Answer 9

No, strict liability - Savage/Parmenter.

Question 10

How is ‘wounding’ defined? Case.

Answer 10

Breaking both layers of the skin/drawing blood - Moriarty v Brookes.

Question 11

Is internal bleeding wounding? Case.

Answer 11

No - DPP v Eisenhower.

Question 12

How is GBH defined? Case.

Answer 12

Really serious harm - DPP v Smith.

Question 13

Can GBH include psychiatric harm? Case.

Answer 13

Yes, provided medically recognised - Burstow.

Question 14

What did the case of Tabassum say about consent as a defence to assaults?

Answer 14

V must know nature and quality of the act.

Question 15

What did the case of A-G’s Reference No 6 of 1980 say about consent as a defence to assaults?

Answer 15

Can only be allowed where no harm is inflicted. If harm is caused, it cannot be a defence, as it is not in the public interest.

Question 16

What did the case of Emmett say about consent as a defence to assaults?

Answer 16

Will not be allowed where the risk of harm is more than transient or trivial.

Question 17

What did the case of Brown say about consent as a defence to assaults?

Answer 17

Against public policy to allow people to assault each other.

Question 18

Give 6 examples of situations where public policy allows assaults. 4 cases.

Answer 18

1. Surgical operations; dangerous exhibitions - A-G’s Reference No 6 of 1980.
2. Properly conducted sports - Barnes.
3. Tattooing, piercing, circumcision - Brown.
4. Rough horseplay - Aitken.

Question 19

When may a parent/person in loco parentis use reasonable chastisement as a defence? Case.

Answer 19

Where force is moderate and reasonable - Hopley.