assaults

Question 1

order of offences

Answer 1

assaults 
battery 
actual bodily harm S.47
wounding & inflicting GBH S.20
wounding & causing GBH with intent S.18

Question 2

assault AR & MR

Answer 2

AR - an act which causes V to apprehend immediate personal violence (IPV)
MR - intent/ SR to cause the IPV

Question 3

R v St George

Answer 3

D pulled gun out on V, before he could shoot a 3rd party intervened
guilty - apprehension of IPV

Question 4

Stephen v Myers

Answer 4

D went to hit V, 3rd party intervened

guilty - apprehension of IPV - irrelevant if 3rd party intervened

Question 5

Lamb

Answer 5

playing with a revolver - D shot and killed V

not guilty - no IPV from the victim

Question 6

Logdon

Answer 6

workmate showed V a gun

guilty - V had IPV, irrelevant the gun was a replica

Question 7

Smith

Answer 7

watched V through the window in the garden

guilty - IPV, test to convict (as he was outside). The fear was immediate to V.

Question 8

Constanza

Answer 8

D wrote 800 letters and made several phone calls
guilty - S.47 ABH - IPV
test made for today - fear was immediate to V not excluding the near future

Question 9

Tuberville v Savage

Answer 9

threatened with sword - judges were in town so he wouldn’t attack
not guilty - not IPV as words negated

Question 10

Battery AR & MR

Answer 10

AR - application of force indirect or direct

MR - intent or SR for the unlawful force

Question 11

Collins v Wilcock

Answer 11

PC grabbed V, who he thought was a prostitute

guilty - PC used unlawful force

Question 12

Thomas

Answer 12

caretaker touched a girls skirt

guilty - unlawful force, COA - touching the girls clothes is the same as touching the girl

Question 13

DPP v K

Answer 13

sulphuric acid in hand dryer

guilty - indirect unlawful force

Question 14

Martin

Answer 14

D blocked theatre exits shouting fire

guilty - indirect unlawful force led to S.20 conviction

Question 15

Haystead

Answer 15

D attacked woman holding a baby, baby fell on the floor

guilty - direct unlawful force on the mum - indirect unlawful force on the baby

Question 16

Bermudez

Answer 16

police search, pricked with needle

guilty - S.47 ABH due to the failure to inform the PC

Question 17

Venna

Answer 17

D lashed out fracturing the PCs hand

guilty of S.47 - COA confirmed MR for battery , ‘D must intend or be reckless as to applying force to another person’

Question 18

ABH S.47 - AR & MR

Answer 18

AR - assault/battery + ABH injuries

MR - intent / SR for assault/battery

Question 19

Donavon

Answer 19

the injury must be more than transient (comes and goes) or trifling (extremely minor)

Question 20

Miller

Answer 20

the injury interferes with the health or comfort of the victim

Question 21

T v DPP

Answer 21

D kicked V who lost consciousness

guilty - S.47 transient but more than trifling

Question 22

DPP v Smith

Answer 22

couple had an argument, cut pony tail off - no permission

guilty - ABH as it was a sufficent amount so classed as bodily harm

Question 23

Chan Fook

Answer 23

accused of stealing jewellery - V felt embarrassed
COA - not guilty, emotion isn’t psychiatric
Obiter - future cases psychiatric injuries could amount to ABH

Question 24

Ireland

Answer 24

made a large number of phone calls to 3 women causing them to develop psychiatric illnesses
guilty - S.47 first case that included psychiatric disorders in ABH

Question 25

Roberts

Answer 25

car lift to a girl, attempted assault causing her to jump out of the car
guilty - S.47 D didn’t need to intend or forsee injuries

Question 26

GBH - AR & MR

Answer 26

AR - GBH ‘really serious harm’, wounding ‘any breakage of both layers of the skin’
MR - S.20 intent/SR some harm - S.18 intent only for GBH/resist arrest

Question 27

Bollom

Answer 27

step dad assaulted a baby (bruises on body and legs)
guilty - S.18 GBH with intent - COA held that the age of the victim is relevant when deciding if the injuries are sufficent

Question 28

Brown and Stratton

Answer 28

beaten father who had gone under gender reassignment - multiple injuries
guilty of S.18 GBH - COA held that a combo of injuries could amount to GBH

Question 29

Burstow

Answer 29

D harassed V for 8 months (condoms on grass) - caused her to have severe depression
guilty of S.20 GBH first psychological GBH case - cause and inflict are the same

Question 30

Dica

Answer 30

aware he was HIV positive, slept with 2 woman

guilty of S.20 GBH COA overruled Clarence that consenting to sex was not an automatic acceptance of infections

Question 31

Eisenhower

Answer 31

shot in the eye with a shotgun pellet

charged wrongly with wounding but there was no skin broken should of been GBH

Question 32

Grimshaw

Answer 32

d pushed glass glass into the victims face
TJ objective test, should d have forseen harm
COA should of been subjective did D forsee the risk of some harm

Question 33

Parmenter

Answer 33

dad threw his baby into the air and then caught him
not guilty of GBH as he didn’t forsee injury
HOL guilty of S.47 D didn’t need to forsee GBH or wounding but must forsee any harm

Question 34

DPP v A

Answer 34

playing with air pistols shooting below the knee - V shot in the eye
guilty - D foresaw some harm it was irrelevant it was different harm

Question 35

Morrison

Answer 35

D threw PC through a window - PC was badly injured

guilty of S.18 - he had intent to resist whilst been reckless to PCs injuries