Scenario 2 - Non-Fatal Offences

Question 1

Collins v Wilcock

Answer 1

battery is ‘the actual infliction of unlawful force on another person’
this may be the merest touch

Question 2

Brown

Answer 2

battery requires a physical result, although the violence need not be hostile

Question 3

Haystead v Chief Constable of Derbyshire

Answer 3

direct contact is not required for battery

Question 4

DPP v K

Answer 4

battery may be the result of an indirect act

Question 5

Maloney

Answer 5

intention should be left to the good sense of the jury

Question 6

Chandler

Answer 6

jury will make their decision based upon an objective view of the facts

Question 7

Woollin

Answer 7

sometimes it may be necessary to provide the jury with more direction, and when this is so, the jury may find intention when D has subjectively appreciated that the outcome is a virtual certainty

Question 8

Venna

Answer 8

confirmed recklessness is sufficient for battery

Question 9

R v G

Answer 9

recklessness requires that D has a subjective appreciation of the risk they are taking and have taken it anyway

Question 10

White

Answer 10

but for test

Question 11

Cato

Answer 11

legally substantial is more than de minimis

Question 12

Kimsey

Answer 12

de minimis is more than slight or trifling

Question 13

Marchant and Muntz

Answer 13

legally culpable means blameworthy or incurring liability

Question 14

Miller

Answer 14

ABH is ‘any hurt or injury calculated to interfere with the health and comfort of the victim’

Question 15

T v DPP

Answer 15

ABH must be more than merely transient and trifling

Question 16

DPP v Smith - ABH

Answer 16

ABH does not need to cause physical pain or be permanent

Question 17

Savage v Parmenter

Answer 17

the additional level of harm required for s.47 and s.20 does not have to be intended or foreseen

Question 18

Wood

Answer 18

a wounding must be a break of the skin

Question 19

Moriarty v Brooks

Answer 19

a wound is a cut or break in the continuity of the whole skin, both the dermis and epidermis

Question 20

Morris

Answer 20

a scratch will not suffice as a wound

Question 21

JCC v Eisenhower

Answer 21

a rupturing of blood vessels under the skin does not suffice as a wound

Question 22

DPP v Smith - GBH

Answer 22

GBH is no more and no less than ‘really serious harm’

Question 23

Saunders

Answer 23

GBH does not have to be life threatening and ‘serious harm’ was also accepted

Question 24

Birmingham

Answer 24

a jury can find GBH by looking at the totality of the injuries inflicted

Question 25

Bollom

Answer 25

the injury may be viewed as more or less serious depending on the victim

Question 26

Cunningham

Answer 26

‘maliciousness’ was equated to recklessness

Question 27

Mowatt

Answer 27

the additional level of harm required for s.20 does not have to be intended or foreseen, confirmed in Savage v Parmenter

Question 28

Taylor

Answer 28

for s.18, intention towards lesser harm isn’t sufficient, only intention for GBH