non fatal offences

Question 1

what is an assault

Answer 1

common law offence

Question 2

what is assault charged under?

Answer 2

Section 39 criminal justice act 1988,

Question 3

what is assault defined as

Answer 3

defined as intentionally or recklessly, causing the victim to apprehend unlawful violence

Question 4

can an assault be an omission

Answer 4

no must be an act

Question 5

Constanza;Ireland

Answer 5

an assault, can be words, actions or both 

Question 6

Apprehend doesn’t mean fear, but

Answer 6

belief that force is capable of being carried out

Question 7

Lamb

Answer 7

Apprehend doesn’t mean fear, but believe that force is capable of being carried out

Question 8

Does the belief need to be rational? It honestly held

Answer 8

no

Question 9

Smith v woking

Answer 9

Immediate does not mean, instantaneous, but imminent

Question 10

what must the force be in order to be an assault?

Answer 10

Unlawful

Question 11

When will it not be an assault?

Answer 11

Consensual in self defence or in prevention of a crime

Question 12

Conditional threat sufficient case

Answer 12

read v coker

Question 13

Mens rea for assault

Answer 13

assault is intention, aim or purpose, (Mohan) or recklessness, recognise risk and took it anyway (Cunningham) causing victim to apprehend, unlawful violence.

Question 14

is battery common-law?

Answer 14

yes

Question 15

Statue for battery

Answer 15

Section 39 criminal justice act, 1988

Question 16

what is battery defined as

Answer 16

Intentionally or recklessly applying unlawful force

Question 17

Actus reus for battery

Answer 17

Any touching the victim does not consent to, must be more than every day touching

Question 18

Case for more than every day touching

Answer 18

collins

Question 19

Direct or indirect case

Answer 19

DPP v k

Question 20

continuing act

Answer 20

fagan

Question 21

Mens rea for battery

Answer 21

mens rea is intent, Mohan or recklessness Cunningham as to the application

Question 22

What is actual bodily harm contained in?

Answer 22

Actual bodily harm section 47 offense against the Person act 1861

Question 23

What is actual bodily harm for section 47 defined as

Answer 23

any assault or battery that causes ABH

Question 24

Actus reus for ABH and case

Answer 24

any assault or battery must result in a ABH,this is any hurt or injury calculated to interfere with the victims health or comfort of the victim
as established in miller

Question 25

ABH,can be psychiatric injury as long as and case

Answer 25

ABH can be psychiatric injury as long as it’s more than mere emotions, such as fear, distress or panic and includes momentary unconsciousness TvDPP

Question 26

mens rea for ABH

Answer 26

must be that of the assault or battery, (Savage), no need for the defendant to realise the risk of harm

Question 27

GBH/wounding defined under

Answer 27

Section 20 offense against the Person act 1861

Question 28

Smith;Saunders

Answer 28

GBH held serious harm

Question 29

GBH includes serious psychiatric injury case

Answer 29

Burstow

Question 30

GBH and STIs case

Answer 30

Dica

Question 31

wounding + case

Answer 31

It has been held that the wound breaks away any continuity of the skin (Eisenhower)

Question 32

mens rea for section 20

Answer 32

The mens rea for section 20 is intent or recklessness as to whether some harm may occur (Cunningham)

Question 33

GBH and wounding section 18 offense against the Person act 1861 actus reus

Answer 33

The same as section 20

Question 34

Mens rea for section 18

Answer 34

intent to cause serious harm, direct intent, aim and purpose (Mohan) or oblique intent consequences is different but forseen as a virtual certainty (Nedrick and woollen.)

Question 35

examples of ABH

Answer 35

Harm consists of bruises, scratches, or bite marks will be sufficient

Question 36

Examples of grievously bodily harm

Answer 36

any injury resulting in permanent disability loss of sensory function of visible disfigurement. This can also be the case for act to result in broken bones, serious psychiatric injuries, and substantial loss of blood

Question 37

What is the key difference between section 18 and section 20

Answer 37

section 20 is intentionally or recklessly, causing serious harm or wounding Section 18 is causing serious harm or wounding with intent