Offences against the person cases

Question 1

DPP v Little

Answer 1

• [1992]
• Whether the defendant’s conduct constituted assault, battery or both
• Assault and battery are distinct offences

Question 2

R v Ireland and Burstow

Answer 2

• [1998]
• Words can constitute assault and silent phone calls can constitute assault

Question 3

Fagan v MPC

Answer 3

• [1969]
• Defendant drove onto a constable’s foot and wouldn’t get off

Question 4

R v Venna

Answer 4

• [1976]
• Street fight where a constable hurt his hand
• Intentionally or recklessly

Question 5

Faulkner v Talbot

Answer 5

• [1981]
• Old offence of indecent assault
• Battery: Touching another person without their consent and without unlawful excuse

Question 6

R v Constanza

Answer 6

• [1997]
• culmination of stalking, two letters 8 days did amount to assault, apprehension is of unlawful violence at some point in the future, not excluding immediately

Question 7

DPP v Santana-Bermudez

Answer 7

• [2003]
• Battery can be committed by omision

Question 8

Haystead v CC of Derbyshire

Answer 8

• [2000]
• Can be indirect
• Charged with battery against a baby, transferred malice

Question 9

DPP v Smith

Answer 9

• [2006]
• Cutting hair can constitute Bodily harm

Question 10

R(T) v DPP

Answer 10

• [2003]
• Being unconscious

Question 11

R v Donovan

Answer 11

• [1934]
• Hurt or injury likely to interfere with health or comfort that is more than transient or trifling

Question 12

R v Brown

Answer 12

• [1994]
• Men engaged in consensual sexual sado-masochistic practices were properly convicted under ss 20 and 47.

Question 13

R v Wilson

Answer 13

• [1997]
• Husband used a blunt knife to brand his initials on his wife’s buttocks while both were participating in consensual sexual sado-masochistic practices
• Allowed because they were married

Question 14

Collins v Wilcock

Answer 14

• [1984]
• Law assumes implied consent

Question 15

Marland v DPP

Answer 15

• [2023]
• Actual non-consent displaces implied consent