1B Non fatal offences against the person (complete)

Question 1

AR of assault

Answer 1

An act which makes the victim fear the immediate and unlawful use of force against them.

Question 2

Cases for the AR of assault

Answer 2

Constanza, Ireland, Tuberville v Savage, Smith v Woking Police Station

Question 3

Ratio of Constanza

Answer 3

Words alone can amount to assault

Question 4

Ratio of Ireland

Answer 4

Silence can amount to assault

Question 5

Ratio of Tuberville v Savage

Answer 5

Words can negate an assault

Question 6

Ratio of Smith v Chief Superintendent, Woking Police Station

Answer 6

Even with the window closed, the victim apprehended physical attacks in the imminent future which was enough

Question 7

MR of assault

Answer 7

Intention or subjective recklessness as to causing the victim to apprehend the immediate and unlawful use of force.

Question 8

Cases for the MR of assault

Answer 8

Logdon, Mohan, Woollin, Cunningham

Question 9

Ratio of Mohan

Answer 9

Direct intent- a decision to bring about, if it lies within the accused’s power, no matter whether the accused desired the consequence or not.

Question 10

Ratio of Woollin

Answer 10

Oblique intent- the court will infer intent if the consequence is a virtually certain result and the defendant knows this.

Question 11

Ratio of Cunningham

Answer 11

Recklessness (an unjustified risk)- the defendant foresaw the risk and proceeded anyway.

Question 12

Ratio of Logdon

Answer 12

V feared the immediate use of physical force and the D had, at least, been reckless in this occuring, it didn’t matter that the gun wasn’t real as the V believed it was.

Question 13

AR of battery

Answer 13

The application of unlawful force on V.

Question 14

Cases for the AR of battery

Answer 14

Faulkner v Talbot, Collins v Willcock, Thomas, DPP v Khan, Fagan

Question 15

Ratio of Faulkner v Talbot

Answer 15

Any unlawful physical contact can amount to battery, a mere touch is sufficient.

Question 16

Ratio of Collins v Willcock

Answer 16

‘Everyday allowances have to be made for the exigencies of everyday life’ (Goff LJ)

Question 17

Ratio of Thomas

Answer 17

The slightest touch constitutes a battery, even if no application of ‘force’ occured.

Question 18

Ratio of DPP v Khan

Answer 18

Indirect application of force can constitute a battery.

Question 19

Ratio of Fagan

Answer 19

Battery cannot be committed through an omission.

Question 20

MR of battery

Answer 20

Intention or subjective recklessness as to applying unlawful force.

Question 21

Cases for the MR of battery

Answer 21

Mohan, Woollin, Cunningham

Question 22

AR of s.47 OAPA 1861

Answer 22

Causing the victim to apprehend the immediate application of unlawful force or violence OR the application of unlawful force occasioning actual bodily harm (ABH).

Question 23

Cases for s.47/ABH

Answer 23

Miller, Chan-Fook, T v DPP, Smith, R v D

Question 24

Ratio of Miller

Answer 24

ABH is “any hurt or injury calculated to interfere with the health or comfort of the victim”.

Question 25

Ratio of Chan-Fook

Answer 25

'Actual' is defined as "not to be so trivial as to be insignificant".

Question 26

Ratio of T v DPP

Answer 26

Momentary loss of consciousness= ABH (if longer then it is s.20).

Question 27

Ratio of Smith

Answer 27

Harm doesn't necessarily mean pain, cutting off a ponytail can equal ABH.

Question 28

Ratio of R v D

Answer 28

ABH includes psychiatric harm. Further shown by Contanza and Ireland.

Question 29

MR of s.47/ABH

Answer 29

Intention or subjective recklessness as to causing the victim to apprehend the immediate application of unlawful physical force or the application of unlawful physical force.

Question 30

Cases for the MR of s.47/ABH

Answer 30

Roberts, Savage

Question 31

Ratio of Roberts

Answer 31

The defendant doesn't have to foresee the harm, the D had the MR to cause battery, and the subsequent injuries were a result of his act. There doesn't need to be a separate MR for ABH.

Question 32

Ratio of Savage

Answer 32

D doesn't have to foresee the actual harm. The MR for battery is sufficient.

Question 33

AR for s.20 OAPA 1861

Answer 33

To unlawfully wound or inflict any grievous bodily harm (GBH).

Question 34

Cases for the AR of s.20/GBH

Answer 34

Martin, Burstow, Saunders, Brown and Stratton, Bollom, Dica, Eisenhower

Question 35

How can GBH/a wound be inflicted?

Answer 35

Direct or indirect (Martin) application of force and no force (Burstow).

Question 36

Ratio of Martin

Answer 36

Although D didn't have a specific target, by shouting fire and blocking the door, he indirectly applied force.

Question 37

Ratio of Burstow

Answer 37

GBH can be inflicted via no force, for example, psychiatric harm.

Question 38

Ratio of Saunders

Answer 38

GBH means "serious harm"

Question 39

Ratio of Brown and Stratton

Answer 39

A collection of injuries in combination can amount to GBH.

Question 40

Ratio of Bollom

Answer 40

The characteristics of the victim should be considered.

Question 41

Ratio of Dica

Answer 41

Biological harm can amount to GBH.

Question 42

What constitutes wounding?

Answer 42

A breaking of both layers of the skin (Eisenhower).

Question 43

Ratio of Eisenhower

Answer 43

The injury wasn't sufficient to constitute a wounding because both layers f the skin hadn't been broken.

Question 44

MR of s.20/GBH

Answer 44

"Maliciously"= intention or recklessness as to causing some harm.

Question 45

Cases for the MR of s.20/GBH

Answer 45

Mowatt, Mohan, Woollin, Cunningham

Question 46

Ratio of Mowatt

Answer 46

It is enough to have foreseen some physical harm.

Question 47

AR of s.18 OAPA 1861

Answer 47

To cause unlawful wounding or cause GBH.

Question 48

MR of s.18 OAPA 1861

Answer 48

Specific intention to cause GBH or specific intention t resist arrest.

Question 49

Cases for the MR of s.18

Answer 49

Belfon, Taylor, Morrison

Question 50

Ratio of Belfon

Answer 50

Although he had foreseen the risk, it couldn't be proved that he had the specific intent so it was dropped to a s.20.

Question 51

Ratio of Taylor

Answer 51

An intention to wound was not sufficient for the MR of s.18.

Question 52

Ratio of Morrison

Answer 52

Where defendants resist arrest, the MR requirement is lower, they only need to prove he was reckless as to whether his actions would cause a wound or injury.

Question 53

Maximum sentences

Answer 53

Assault and battery= 6 months S.47 and s.20= 5 years S.18= life