Important cases : Non fatal offences

Question 1

R v Ireland

Answer 1

telephone calls can be harassment

Question 2

R V Constanza

Answer 2

written word can be assault

Question 3

R v Lamb

Answer 3

threat must be immediate

Question 4

Smith v Superintendent of police station

Answer 4

immediate does not need to mean instantaneous

Question 5

Tuberville v Savage

Answer 5

words that state that assault is not imminent can make the situation not assault but contrast R v Light.

Question 6

Mens rea : DPP v Majewski:

Answer 6

if drunk you are reckless and therefore liable.

Question 7

Battery : Haystead v DPP

Answer 7

Force does not need to be directly applied - D hit person carrying baby, baby fell over, D guilty of battery to baby

Question 8

Battery: Fagan v MPC

Answer 8

actus reus can be ongoing event

Question 9

Battery: Collins v Wilcock

Answer 9

slightest contact gives rise to battery

Question 10

Battery: DPP v K

Answer 10

battery can be committed by an indirect act

Question 11

Battery: DPP v Santa-Bermudez

Answer 11

omissions can give rise to battery (needle in pocket case)

Question 12

ABH: R v Miller

Answer 12

bruises and scratches amount to ABH.

Question 13

ABH: R v DPP

Answer 13

threshold for ABH relatively low.

Question 14

ABH: DPP v Smith

Answer 14

cutting off substantial amount of hair is ABH

Question 15

ABH: T v DPP

Answer 15

being knocked out momentarily is ABH

Question 16

ABH: R v Chan-Fook

Answer 16

minor psychological injury is ABH.

Question 17

ABH: R v Roberts

Answer 17

tried to take woman’s coat off when in car, woman apprehended a more serious assault and jumped out of car, suffered injuries. D was held liable for ABH

Question 18

ABH: R v Brown and Stratton

Answer 18

knocked out teeth, concussion, swelling to face, lacerations individually ABH but in total are GBH

Question 19

GBH: JJC v Eisenhower

Answer 19

Wound: cut or break in the skin - 2 layers.

Question 20

GBH: R v Wood

Answer 20

(broken bone) not wounds

Question 21

GBH: DPP v Smith.

Answer 21

GBH means really serious harm.

Question 22

GBH: R v Bollom

Answer 22

bruising can be GBH.

Question 23

GBH: R v Dica

Answer 23

infecting with AIDS due to sexual contact is GBH.

Question 24

GBH: R v Burstow

Answer 24

Can be psychiatric

Question 25

Actus reus: Pagett

Answer 25

"but for" - factual causation

Question 26

Actus reus: R V Hughes

Answer 26

"de minis" - factual causation

Question 27

Actus reus: R v Blaue

Answer 27

thin skull rule - legal causation

Question 28

Actus reus: R v Pagett

Answer 28

Novus actus interveniens - legal causation

Question 29

Actus reus: Kimsey

Answer 29

substantive and operative cause - legal causation

Question 30

Actus reus: R v Smith

Answer 30

poor medical treatment is unlikely to break the chain of causation

Question 31

Actus reus: R v Jordan

Answer 31

poor medical treatment is unlikely to break the chain of causation unless error totally unrelated to injury

Question 32

Actus reus: R v Blaue

Answer 32

Rejecting medical treatment not novus actus

Question 33

Actus reus: R v Roberts & R v Marjoram

Answer 33

Victim’s own act: if foreseeable, not Novus actus

Question 34

Actus reus: Roberts, Williams

Answer 34

victim’s own act can break chain of causation

Question 35

R v Mohan

Answer 35

Direct intent :a decision to bring about, so far as it lies within the accused’s power (the prohibited consequence) , no matter whether the accused desired the consequence of the act or not.

Question 36

Woollin

Answer 36

oblique intent: Death or serious harm is a virtual certainty as result of D’s actions The D appreciated that such was the case

Question 37

Matthews v Alleyne

Answer 37

Woollin test example

Question 38

Cunningham

Answer 38

Recklessness: D must intend the consequence or realise there is a risk of the consequence happening And decide to take that risk

Question 39

Pembliton

Answer 39

Mens rea can’t transfer between person and object

Question 40

Latimer

Answer 40

transferred malice

Question 41

Thabo Meli, Church, but consider Fagan

Answer 41

Actus reus and Mens rea need to happen at the same time