offences against the person act 1961

Question 1

AR of assault

Answer 1

an act which causes v to apprehend infliction of immediate unlawful force or fear

Question 2

r v ireland

Answer 2

silent phone calls can amount to an assault

Question 3

r v constanza

Answer 3

letters can amount to an assault

Question 4

missiati

Answer 4

assault doesn’t have to be physical (spitting)

Question 5

r v lamb

Answer 5

if the victim doesn’t fear there is no assault

Question 6

smith v metropolitan police

Answer 6

immediate can be fear of what will happen next

Question 7

tubervile v savage

Answer 7

words can negate an assault

Question 8

MR of assault

Answer 8

intention or subjective recklessness

Question 9

what does subjective recklessness meanand where was it defined

Answer 9

defined in Cunningham as d knows the risk but takes it anyway

Question 10

what type of offence is assault and where is it set out

Answer 10

common law offence set out in section 39 of criminal justice act 1988

Question 11

AR of battery

Answer 11

application of unlawful force to another

Question 12

collins. v wilcock

Answer 12

slightest of touches

Question 13

Thomas v Thomas

Answer 13

touching of skirt

Question 14

Fagan

Answer 14

battery can be a continuing act

Question 15

dpp v k

Answer 15

it can be an indirect act

Question 16

santabermudez

Answer 16

or an omission

Question 17

MR of battery

Answer 17

intention or subjective recklessness

Question 18

where is battery set out

Answer 18

section 39 of criminal justice act 1988

Question 20

AR of ABH

Answer 20

Assault occasioning ABH

Question 21

what is abh defined as and in what case

Answer 21

defined in miller as ‘any hurt or injury calculated to interfere with the health and comfort of the victim’

Question 22

r v brown

Answer 22

sado machismo ammounted to ABH despite consent.

Question 23

chanfook

Answer 23

psychiatric harm can be abh

Question 24

r v dpp

Answer 24

loss of consciousness = abh

Question 25

dpp v smith (abh)

Answer 25

cutting substantial amount of someone's hair without their consent is abh

Question 26

MR of abh

Answer 26

intention or subjective recklesness

Question 27

where is abh set out

Answer 27

s.47 of the offences against the person act 1861

Question 28

what is gbh section 20

Answer 28

malicious wounding or inflicting gbh

Question 29

3 elements for gbh s.20

Answer 29

1) unlawful, cannot be in sport 2) wound - 3) causes gbh

Question 30

einsenhower

Answer 30

defines a wound as a cut or break in the continuity of the skin

Question 31

DPP v smith (gbh)

Answer 31

really serious harm

Question 32

r v saunders

Answer 32

changed gbh to just serious harm

Question 33

burstow

Answer 33

psychiatric harm can be gbh

Question 34

bollom

Answer 34

victims age and health is considered

Question 35

r v dica

Answer 35

transmitting sexual disease (hiv) = gbh

Question 36

MR of gbh

Answer 36

intention to do the harm done or subjective recklessness

Question 37

r v Roberts

Answer 37

d doesn't have to force any serious injury

Question 38

section 18 AR

Answer 38

same as section 20: unlawful wounding or causing gbh

Question 39

MR of s.18

Answer 39

specific intent offence needs direct intention to cause gbh or resist arrest.

Question 40

max sentence for assault

Answer 40

6 months imprisonment and/or a fine

Question 41

max sentence battery

Answer 41

6 months imprisonment and/or a fine

Question 42

max sentence abh

Answer 42

6 months imprisonment and/or a fine

Question 43

gbh s.20 max sentence

Answer 43

5 years imprisonment and/or a fine

Question 44

gbh s.18 max sentence

Answer 44

life imprisonment