CASES FOR NON FATAL OFFENCES

Question 1

What is the case for actions (assault)?

Answer 1

Read v Coker- Gestures and physical actions can be an assault

Question 2

Whats the case for words (assault)?

Answer 2

R v Ireland- An assault can be carried out by spoken words/silence
R v Constanza- An assault can be carried out by written words

Question 3

Whats the case for negating words?

Answer 3

Tuberville v Savage- Words can negate what would otherwise have been an assault

Question 4

Whats the case for V apprehending a force?

Answer 4

DPP V Logdon- Its possible for V to apprehend force even i the use of force isn’t possible

Question 5

Whats the case for a force being immediate?

Answer 5

Smith v Cheif Constable of Woking- Force V apprehends must be ‘immediate’ meaning in the near future

Question 6

Whats the case for force (battery)?

Answer 6

R v Thomas- A force can be the lightest touch and touching clothing is the same as touching a person

Question 7

Whats the case for a force being hostile?

Answer 7

Wilson v Pringle- a force must be hostile (unwanted or aggressive) and beyond the ordinary jostlings of life

Question 8

Fagan v MPC (battery)

Answer 8

Force can be applied via a continuing act

Question 9

DPP v K (battery)

Answer 9

Force can be applied indirectly via an object

Question 10

DPP v Santana Bermudez (battery)

Answer 10

Force can be applied by an omission but only where D has a duty to act and fails to preform that duty

Question 11

Whats the case for what ABH is?

Answer 11

R v ChanFook
1. ABH is an injury not so trivial as to be wholy insignificant
2. Psychiatric harm can be ABH

Question 12

Cases for other injuries that count as ABH

Answer 12

DPP v Smith- Cutting off someones hair can amount to ABH
T v DPP- Even a short loss of consciousness can be ABH

Question 13

Case for mens rea of ABH

Answer 13

R v Savage- D doesnt need to be reckless/intend to cause ABH, they just need the mens rea of the assault or battery

Question 14

Case for definition of a wound

Answer 14

JCC v Eisenhower- A wound is a cut/break in at least 2 layers of the skin

Question 15

What is S20 OAPA

Answer 15

R v Mohan or R v Cunningham

Question 16

Whats S18 OAPA

Answer 16

R v Mohan or R v Woolin

Question 17

Whats definition of GBH?

Answer 17

DPP v Smith- GBH is really serious harm

Question 18

What does R v Burstow say (GBH)?

Answer 18

GBH can be serious psychiatric harm

Question 19

What does R v Dica say?

Answer 19

GBH can be serious biological harm

Question 20

What does R v Brown and Stratton say?

Answer 20

GBH can be an accumulation of minor injuries

Question 21

What does R v Bollom say?

Answer 21

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

Question 22

What does R v Martin say?

Answer 22

GBH can be committed indirectly

Question 23

Case for S20 GBH (direct intention or recklessness to cause SOME harm)?

Answer 23

R v Mowatt

Question 24

Where is assault defined?

Answer 24

Common law

Question 24

Case for S18 GBH (direct intention or oblique to cause SERIOUS harm)

Answer 24

R v Belfon

Question 25

Where is battery defined?

Answer 25

Common law

Question 26

Wheres ABH defined?

Answer 26

s47 Offences Against the Persons Act 1861

Question 27

Wheres wounding defined?

Answer 27

S20 and S18 of the OAPA 1861

Question 28

Where is GBH defined?

Answer 28

S20 and S18 of the OAPA 1861

Question 29

mens rea of assault?

Answer 29

direct intetion or recklessness as to cause v to apprehend immediate unlawful force

Question 30

acteus reus of assault?

Answer 30

causing the victim to apprehend immediate, unlawful force

Question 31

acteus reus of battery?

Answer 31

applying unlawful force to another

Question 32

mens rea of battery?

Answer 32

intetionally or recklessly applying force to another

Question 33

acteus reus of ABH

Answer 33

either an assault or battery which causes ABH to another person

Question 34

mens rea of ABH

Answer 34

same as the mens rea of assault and battery r v savage- d doesnt need to intend or be reckless to cause ABH, they just need the mens rea for the assault or battery

Question 35

acteus reus of wounding

Answer 35

unlawfully wound a person

Question 36

mens rea of wounding?

Answer 36

either s20 direction intention or recklessness as to cause SOME harm or s18 intention or oblique intention to cause SERIOUS harm

Question 37

acteus reus of GBH

Answer 37

inflict/cause grevious bodily harm on a person

Question 38

mens rea of GBH

Answer 38

s20 direction intention or recklessness as to cause SOME harm or s18 intention or oblique intention to cause SERIOUS harm