Revision Book

Question 0

What is the MR of common assault?

Answer 0

Intention or subjectively reckless (Cunningham - what D actually foresaw not what he ought to have foreseen) as to cause apprehension of immediate violence.

Question 1

What is the AR of common assault?

Answer 1

An act which causes someone to apprehend immediate unlawful force.

Question 2

What is the act required for common assault?

Answer 2

It needs to be a positive act, silent phone calls can also amount to an assault (R v Ireland and Burstow).

Question 3

What is meant by apprehension?

Answer 3

It does not mean fear, it means expectation (R v Ireland and Burstow) at some point in the immediate future (Constanza).

Question 4

What is the AR of a battery?

Answer 4

It is the infliction of unlawful force upon V.

Question 5

How might some force be lawful in relation to assault and battery?

Answer 5

You may have consented to contact i.e. In sports, horseplay etc (Collins v Wilcox).

Question 6

What injuries constitute a battery?

Answer 6

Scratches/grazes, bruising, superficial cuts.

Question 7

What injuries constitute actual bodily harm?

Answer 7

Minor cuts requiring stitching, minor fractures, extensive bruising, temporary loss if sensory functions.

Question 8

What is the MR of a battery?

Answer 8

Intention or subjective recklessness as to the infliction of unlawful force.

Question 9

Is there a defence to assault and battery?

Answer 9

Consent can be a defence.

Question 10

Is consent a defence to all OAP?

Answer 10

No, only assault and battery. You cannot consent to bodily harm unless it is in the public interest i.e. Tattooing, surgical procedures (Brown).

Question 11

What are the facts of the Wilson case under consent?

Answer 11

Man branded his wife’s buttocks with his initials. It was distinguished in Emmett as it was similar to that of a tattoo and was not done for sexual gratification.

Question 12

What does occasioning mean in the context of assault occasioning actual bodily harm (s47 OAPA 1861)?

Answer 12

Means causing so the usual causation principles apply (Roberts).

Question 13

What is the AR and MR of assault occasioning actual bodily harm?

Answer 13

It is the AR and MR of either assault or battery as well as actual bodily harm.

Question 14

What is the difference between assault and battery and a s47 offence?

Answer 14

The level of harm that occurs.

Question 15

What is actual bodily harm in relation to a s47 offence?

Answer 15

Donovan said it something which is more than merely transient or trifling. It should not be so trivial as to be wholly insignificant (Chan-Fook).

Question 16

What if a V tries to escape from the D but in doing so injures herself?

Answer 16

D will be liable for the injuries so long as her actions were not so daft as to be unforeseeable (Roberts).

Question 17

Give an example of a psychiatric injury?

Answer 17

Depression, anxiety or sleeplessness, all of which need to be supported by expert medical evidence (Morris).

Question 18

What is the AR and MR of wounding or inflicting GBH (s20 offence)?

Answer 18

Wounding or inflicting GBH on a person, intention or recklessness as to the wound or infliction of GBH.

Question 19

What is meant by GBH?

Answer 19

Really serious harm (Smith).

Question 20

What is a wound?

Answer 20

A break in the continuity of the skin, the epidermis and the dermis. It is the depth rather than the size of the cut that is important (Eisenhower).

Question 21

What does inflict mean?

Answer 21

Cause (Ireland and Burstow).

Question 22

What offence is it if you give someone HIV during intercourse?

Answer 22

S20 as it is GBH (Dica).

Question 23

What is the test for recklessness with regards to wounding or inflicting GBH?

Answer 23

Parmenter - the D must intend some harm or foresee a risk that some harm might occur.

Question 24

What is the AR and MR of s18 GBH with intent?

Answer 24

The AR is wounding or causing GBH and the MR is intention to do GBH or resist the lawful apprehension of any person.

Question 25

What is the difference between a s20 and s18 AR?

Answer 25

S18 covers GBH caused by omission, s20 requires a positive act.