Unit 2 - Non Fatal Offences

Question 1

Where is battery and assault defined?

Answer 1

They are defined in Common law; i.e. law made by judges

Question 2

What is the actus reus of assault?

Answer 2

Causing the victim to apprehend immediate unlawful force (applied unlawful force is not needed for assault.

Question 3

What was the legal principle in DPP v Logdon (1976) (Tip - Fake gun)

Answer 3

A victim can still apprehend unlawful force, even if it was impossible for that force to be carried out as long as V thinks it is possible.

Question 4

What was the legal principle in Smith v Chief Constable of Woking? (Tip - window)

Answer 4

Immediate means “In the near future”

Question 5

Which case had the legal principle that gestures can amount to an assault?

Answer 5

Read v Coker

Question 6

Describe the case and legal principle for R v Ireland (Tip - Words said or not said)

Answer 6

Case = D harassed three women with numerous unwanted and silent phone calls.
Legal principle = Spoken words or silence can amount to an assault

Question 7

What was the legal principle for R v Constanza?

Answer 7

Written words can amount to an assault.

Question 8

When can words negate what would have been an assault? (case and legal principle)

Answer 8

Tuberville v Savage (Assize’s time)

Legal principle = Words can negate (cancel out) what would otherwise have been an assault.

Question 9

Explain the MR of assault

Answer 9

Direct intention (R v Mohan) or Recklessness (R v Cunningham) as to causing V to apprehend immediate unlawful force.

Question 10

Explain the AR of battery

Answer 10

Applying unlawful force to another person

Question 11

What is the legal principle of R v Thomas and give brief case facts?

Answer 11

Brief facts: School caretaker convicted for assault after taking hold of the hem of a 12 year old girl’s skirt.

Legal principle = The lightest tough will be sufficient; touching a person’s clothes whiles he’s wearing them is equivalent to touching them.

Question 12

Legal principle + case: Claire bumps in to Dana in a busy aisle in the supermarket whilst shopping

Answer 12

LP: ‘Ordinary jostling of daily life; V gives an implied consent; not hostile’

Question 13

Legal principle + case: Edith throws a paper aeroplane at Fayaz, it hits him on the back of the head.

Answer 13

DPP v K or R v Thomas, Force can be applied indirectly, lightest touch is sufficient.

Question 14

Explain the mens rea of battery

Answer 14

Direct intention or recklessness as to applying unlawful force to another person.

Question 15

What is the legal principle for battery in DPP v Santana Bermudez?

Answer 15

Force can even be applied by an omission (opposite of an act)… but only where D has a duty to act and failed to perform that duty

Question 16

Where is assault occasioning actual bodily harm defined?

Answer 16

It is defined in section 47 of the Offences Against The Person Acts 1861

Question 17

What is the AR of assault occasioning bodily harm?

Answer 17

Assault or battery which causes ABH to another person.

Question 18

From the case R v Chan Fook; how did the Court of Appeal narrow the Miller definition of ABH?

Answer 18

Harm cannot be so trivial as to be wholly insignificant

Question 19

What type of harm did Chan Fook say COULD count as ABH?

Answer 19

Psychiatric harm can be ABH

Question 20

What did Chan Fook say could NOT count as ABH and what does?

Answer 20

NO = Fear, distress and panic
YES = Depression, anxiety, panic attacks, sleep disorder

Question 21

What was the legal principle of DPP v Smith? (tip: haircut, ABH)

Answer 21

Cutting off a person’s hair without hi/her consent can amount to ABH

Question 22

What was the legal principle for T v DPP? (Tip - V briefly blacked out)

Answer 22

Even a short loss of consciousness can amount to ABH

Question 23

What is the legal principle for R v Savage? (e.g. MR)

Answer 23

No additional mens rea is required

LP: D does not need to intend/be reckless as to causing harm to V

Question 24

Where is wounding and GBH defined?

Answer 24

In s18 or s20 OAPA 1861

Question 25

Explain the actus reus of wounding

Answer 25

To unlawfully wound a person

Question 26

How did JCC v Eisenhower define and not define wounding?

Answer 26

Internal bleeding is NOT wounding. A wound is defined as a cut/break in at least 2 layer of the outer skin

Question 27

What words suggest that V has been wounded?

Answer 27

cut, laceration, slash, slit, blood, wound, stabbed, pierced, grazed

Question 28

How do you explain the mens rea of wounding (i.e. structure)

Answer 28

S20/218
Intention or recklessness as to cause SOME harm/ Direct or oblique intention to cause SERIOUS harm
Case: R v Mowatt/ R v Belfon
Explain the case principle
R v Cunningham, R v Mohan/ R v Mohan or R v Woolin
Explain case principle

Question 29

Explain the actus reus of GBH

Answer 29

To unlawfully cause grievous bodily harm to another person

Question 30

What is the legal principle of DPP v Smith?

Answer 30

GBH as to causing really serious harm, V’s injuries does NOT have to be life threatening

Question 31

What is the legal principle of R v Burstow? Give examples

Answer 31

LP: Harm can be serious psychiatric harm e.g. severe depression, severe anxiety disorder, severe PTSD

Question 32

What is the legal principle of R v Dica? Give examples

Answer 32

Harm can be biological e.g. STD, hepatitis, flu

Question 33

What is the legal principle of R v Brown and Stratton? Give examples

Answer 33

GBH can be an accumulation of minor injuries e.g. broken nose, three broken teeth and a cut over one eye+

Question 34

What is the legal principle of R v Bollom? (baby)

Answer 34

Age and health are factors that can be considered when deciding whether the injuries are enough to be GBH

Question 35

What is the legal principle for R v Martin?

Answer 35

GBH can be committed indirectly, D does NOT have to touch V or cause GBH to V.

Question 36

Why was D acquitted from S20 OAPA 1861 DPP v Parmenter?

Answer 36

D was acquitted because he did not realise a risk nor intended to cause the harm