Non-Fatal Offences Against the Person

Question 1

Define Assault

Answer 1

• Where D intentionally or recklessly causes the V to apprehend immediate unlawful personal violence

Question 2

Elements of Assault

Answer 2

• Making a positive act (AR)
• E.g. making a threat, raising a fist etc
• Must make V apprehend immediate unlawful violence (AR)
• Intend or be reckless as to making V fear violence (MR)

Question 3

Lamb 1967

Assault

Answer 3

Pointed unlaoded gun. V knew it was unloaded

Not assault as no possiblity of carrying out threat

Question 4

Smith v Chief Superintendent of Working Police Station 1983

Assault

Answer 4

D broke into garden. Looked in V’s winodw. V feared what D may do

Fear sufficient for assualt

Question 5

Define Battery

Answer 5

• Intentionally or recklessly apply unlawful force upon V

Question 6

Elements of Battery

Answer 6

• Application of force (AR)
• Force can be slightest touching
• Intnetion or recklessness to applying force (MR)

Question 7

Collins v Wilcock 1984

Battery

Answer 7

Police officer took hold of womans arm. She hadn’t been arrested so he was unlawfully holding her.

Police officer liable

Question 8

DPP v K 1990

Battery

Answer 8

D put acid in hand dryer. Caused injury to next user

Battery need not be direct. D liable

Question 9

Define s47 Assault/Battery Occasioaning ABH

OAPA 1861

Answer 9

Any hurt or injury calculated to interfere with health of V

Question 10

What does s47 cover?

Answer 10

• Brusing
• Scratches
• Broken fingers/nose
• Psychiatric harm
• Minor fractures
• Loss of consicousness
• Loss of teeth

Question 11

What must you prove in s47

Answer 11

There is an assault or battery which caused ABH

Question 12

Elements of s47

Answer 12

• Battery or assault causes ABH (AR)
• Intention or recklessness (MR)

Question 13

DPP v Smith 2006

s47

Answer 13

D cut off V’s ponytail

Divisional Court held cutting hair amounts to ABH. D liable

Question 14

R v Roberts 1971

s47

Answer 14

D made advances on V in car. V jumped from car as feared serious harm

D liable for V’s injuries

Question 15

Define s20 GBH and Wounding

OAPA 1861

Answer 15

Unlawfully and maliciously wound or inflict any GBH on any other person

Question 16

Elements of s20 ABH and Wounding

Answer 16

• Wound or inflict GBH (AR)
• Intend some injury or reckless as to causing GBH or wounding (MR)

Question 17

What does s20 cover?

Answer 17

• Cut or break in skin
• Not internal bleeding
• Only broken bone if it breaks through skin
• Shotgun pellet
• Substantial loss of blood
• Serious Harm
• Injury resulting in visible disfigurement
• Injury resulting in permamnent disability
• Bruising may amount to GBH if against someone vulnerable
• Psychiatric injury

Question 18

R v Bollom 2004

s20 GBH

Answer 18

Baby had bruises

D liable of GBH as baby is vulnerable

Question 19

Lewis 1974

s20 GBH

Answer 19

Husband (D) shouting threats. Wife (V) jumped from window. V broke both legs

D liable for s20

Question 20

Define s18 GBH and Wounding

OAPA 1861

Answer 20

Wound or cause and GBH to any person with intent

Question 21

Elements of s18 GBH and Wounding

Answer 21

• Wound or inglict GBH (AR)
• Intend to do so (MR)
• Resist the lawful arrest of any person (MR)