non fatal law

Question 1

I in idea in assault non fatal offences

Answer 1

identify the d v and offence d may be chat bed with assault on v

Question 2

D in idea in assault in non fatal offences

Answer 2

Defined in common law

Question 3

e in idea in assault in non fatal law

Answer 3

to cause the victim to apprehend unlawful force

Question 4

what does apprehend mean

Answer 4

being afraid, making v scared of what is happening next

Question 5

what three things need to be proved for an assault

Answer 5

d has done something threatening
v apprehended force as a result of threat
the force v apprehended was immediate

Question 6

what is battery and assault called together

Answer 6

common assault

Question 7

what is the mens rea of assault

Answer 7

the intention or recklessness to cause the v to apprehend immediate unlawful force

Question 8

what is a battery

Answer 8

when hostile force is used, but it doesnt have to cause injury

Question 9

d in idea battery

Answer 9

defined in common law

Question 10

e in idea in battery

Answer 10

the actus reus of battery is to apply unlawful force to the victim

Question 11

what is ment by hostile

Answer 11

unwanted with a lack of consent. and beyond the jostlings of everyday life

Question 12

occasioning meaning

Answer 12

causing

Question 13

abh defined in?

Answer 13

s 47 of the offecnes against the persons act 1861

Question 14

actus reus of assault occasioning abh

Answer 14

is either an assault or battery which causes abh to another person

Question 15

three elements of the actus reus of the abh

Answer 15

the actus reus of the assault or battery
v sufferes an injury which counts as an abh
the assault/ battery causes the injury

Question 16

mens rea of assault occationing abh

Answer 16

the same for mens rea of assault or battery

Question 17

wounding is defined under

Answer 17

s 18 and s 20 od the offences against the persons act 1861

Question 18

actus reus of wounding

Answer 18

to unlawfully wound a person

Question 19

mens rea of wounding

Answer 19

weather the offence is malicious and wounding with intent

Question 20

s20 of oapa

Answer 20

direct intention and recklesness to cause some harm r v mowatt

Question 21

s 18 of oapa

Answer 21

direct or oblique intention to cause serious harm r v belforn

Question 22

GBH defined under

Answer 22

s20 and s18 of oapa 1861

Question 23

read v coker

Answer 23

D and his gang surrounded V rolling up their sleeves making v feel like d was going to attack him
Gestures and actions can be assault eg raising your fist at someone

Question 24

r v Ireland

Answer 24

D made a number of unwanted phone calls to V and said nothing but breathed heavily
Silence can be assault
Spoken word can be assault

Question 25

r v constanza

Answer 25

Over 20 months D sent over 800 threatening letters to v Written words can be assault

Question 26

tuberville v savage

Answer 26

D placed his hand on his sword and said to v if it were not assize time I would run you through the middle Words can negate apprehension of the v

Question 27

dpp v logdon

Answer 27

D pointed a fake gun at v and she was terrified so there was an assault because she apprehended force It is possible for v to apprehend force even when force is not possible

Question 28

smith v ccow

Answer 28

Smith v chief constable of Woking D peered through the window of v late at night Immediate force doesn’t necessarily mean straight away it means in the near future

Question 29

r v thomas

Answer 29

A school care taker was convicted of indecent assault after taking hold of the hem of a 12 year-olds skirt This shows force can be the lightest touch and touching clothes is the same as touching a person.

Question 30

wilson v pringle

Answer 30

Wilson v pringle D pulled v backpack causing him to fall over For battery contact must be unlawful/hostile Hostile= non-consensual and beyond the jostling's of everyday

Question 31

dpp v k

Answer 31

D took acid from science class and hid it in a hand dryer and someone used it and got acid all over them Force can be applied indirectly eg via an object

Question 32

r v miller abh

Answer 32

Defined abh as Any hurt or injury calculated to interfere with the health and comfort of the victim

Question 33

r v chanfook

Answer 33

Fell out a window trying to escape d and fell out the window and sprained wrist 1 harm cannot be trivial or insignificant 2 psychological hurt can be abh not mere emotions though

Question 34

dpp v savage

Answer 34

D tried to throw a beer at v but accidently threw the whole glass D doesn’t need to intend or be reckless to cause ahb they only have to intend or be reckless to cause assault or battery.

Question 35

t v dpp

Answer 35

D chased v and v fell and briefly lost consciousness Even short loss of consciousness can be abh

Question 36

r v savage

Answer 36

D tried to throw a beer at v but accidently threw the whole glass D doesn’t need to intend or be reckless to cause ahb they only have to intend or be reckless to cause assault or battery.

Question 37

jcc v eisenhower

Answer 37

Got shot in the eye but this isn't wounding Two layers of skin must break for wounding, no internal bleeding.

Question 38

r v mowat

Answer 38

Cause some harm S 20

Question 39

r v belford

Answer 39

Cause serious harm S 18

Question 40

dpp v smith gbh

Answer 40

gbh is realy serious harm but doesnt have to be life threatening

Question 41

r v burstrow

Answer 41

D didnt accept the breakup of him and v and followed her called her and v started to suffer from depression GBH can be serious psychiatric harm

Question 42

r v dica

Answer 42

D infected 2 girls with hiv knowing he was hiv positive and diddnt tell them GBH can be serious biological harm

Question 43

r v browne and stratton

Answer 43

The d's attacked one of their fathers who had gone under gender reassignment. causing broken nose, three broken teeth, and cut over an eye GBH can be accumulation of more minor injuries

Question 44

r v bollom

Answer 44

D was convicted of casing GBH to a 17 month child after causing bruises and abrasions on the child. age and health are factors that need to be considered when deciding if its GBH

Question 45

r v martin

Answer 45

D as a joke, placed a bar in a theatre exit and yelled fire so people would bump into it gbh can be committed indirectly.