Assault s39 CJA 1988 s. 47, 20, 18 OAPA 1988

Question 1

Fagan v MPC

Answer 1

Any act which intentionally or recklessly cause another person to apprehend immediate and unlawful personal force

Question 2

R v Ireland

Answer 2

Words alone can amount to assault. The silent telephone call could be an assault. Psychiatric harm included as AHB

Question 3

R v Burstow

Answer 3

If the victim had feared that the defendant could strike at any time, suffice to establish the AR of assault. Include psychiatric

Question 4

Savage and Parmenter

Answer 4

MR in S.20/s.47- No necessity to prove intentional/recklessness to cause ABH. Just I/R to assault.

Question 5

R v Miller

Answer 5

ABH = interfere in health and comfort of the victim.

Question 6

Coker

Answer 6

Conditional threats are not assault.

Question 7

Haystead

Answer 7

Force may be indirect.

Question 8

Eisenhower

Answer 8

Bruising or internal bleeding are not wounds.

Question 9

T v DPP

Answer 9

Loss of consciousness = ABH

Question 10

Smith

Answer 10

Cutting of hair = ABH
Really serious harm = GBH
Expert evidence.

Question 11

Chan Fook

Answer 11

Psychiatric harm = ABH

Question 12

Constanza

Answer 12

Actions, words, letters can constitute an assault.

Question 13

Thomas

Answer 13

Touching victim’s clothing is battery.

Question 14

Collins Kwilcock

Answer 14

Slightest touching can mean force in battery.

Question 15

Dica

Answer 15

HIV- consent irrelevant- such serious harm. S. 20.

Question 16

Cunningham

Answer 16

Recklessness test- malice-

Question 17

Adaye

Answer 17

Aware of HIV but not sure - guilty of s.20

Question 18

S v P

Answer 18

ABH intention is not needed to S.47.