Non Fatal Offences

Question 1

Assault is defined in…

Answer 1

common law

Question 2

AR of assault

Answer 2

causing V to apprehend immediate unlawful force

Question 3

Gestures/actions can be an assault

Answer 3

Read v Coker

Question 4

Spoken words or silence can be an assault

Answer 4

R v Ireland

Question 5

Written words can be an assault

Answer 5

R v Constanza

Question 6

Negating an assault

Answer 6

Tuberville v Savage

Question 7

V felt fear and apprehended force

Answer 7

DPP v Logdon

Question 8

Immediate means in near future

Answer 8

Smith v CCoW

Question 9

MR of assault

Answer 9

Recklessly or intentionally causing V to apprehend immediate unlawful force

Question 10

Direct intention - aims to bring about prohibited consequence

Answer 10

R v Mohan

Question 11

Recklessness - realises risk but carries on regardless

Answer 11

R v Cunningham

Question 12

Transferred malice

Answer 12

R v Latimer

Question 13

Transferred malice doesn’t apply if crime changes

Answer 13

R v Pembleton

Question 14

Coincidence

Answer 14

AR and MR must happen at same time

Question 15

AR before MR

Answer 15

Continuing acts - Fagan v MPC

Question 16

MR before AR

Answer 16

single transaction theory - R v Thabo Meli

Question 17

Battery is defined in…

Answer 17

common law

Question 18

AR of battery

Answer 18

to apply unlawful force onto another person

Question 19

-only slightest touch is required
-clothes are an extension of a person

Answer 19

R v Thomas

Question 20

unlawful force = hostile

Answer 20

Wilson v Pringle - means unwanted and beyond ordinary jostlings of everyday life

Question 21

Force can be applied via a continuing act

Answer 21

Fagan v MPC

Question 22

Force can be applied indirectly (eg by an object)

Answer 22

DPP v K

Question 23

Force can be applied by an omission but only where D has duty to act and fails to do so

Answer 23

DPP v Santana-Bermudez

Question 24

MR of battery

Answer 24

Intention or recklessness to apply unlawful force onto another person

Question 25

AR of ABH

Answer 25

Assault or battery which causes ABH to another person

Question 26

3 elements to ABH

Answer 26

1. AR of assault or battery 2. V suffers an injury which counts as ABH 3. Assault/battery caused that injury

Question 27

ABH means harm cannot be so trivial as to be wholly insignificant

Answer 27

R v Chan Fook

Question 28

Psychiatric harm counts as ABH but emotions do not

Answer 28

R v Chan Fook

Question 29

Cutting off a persons hair can be ABH

Answer 29

DPP v Smith

Question 30

Even a short loss of consciousness can be ABH

Answer 30

T v DPP

Question 31

What other injury’s can be ABH

Answer 31

bruising minor breaks minor fractures/sprains chipped teeth

Question 32

Factual causation

Answer 32

But for test R v Pagett

Question 33

Legal causation

Answer 33

Operative and substantial test R v Smith

Question 34

When do intervening acts break chain of causation

Answer 34

When they are unreasonable and unforeseeable

Question 35

Thin skull rule never breaks chain of causation

Answer 35

R v Blaue

Question 36

MR of ABH

Answer 36

Same as MR of assault or battery

Question 37

ABH - D doesn’t need to realise a risk or intend harm

Answer 37

R v Savage

Question 38

Wounding found?

Answer 38

S20 and S18 OAPA 61

Question 39

AR of wounding

Answer 39

to unlawfully wound a person

Question 40

A wound is a cut or break in at least 2 layers of skin

Answer 40

JCC v Eisenhower

Question 41

MR of S20 wounding (malicious wounding)

Answer 41

Direct intent or recklessness to cause SOME harm R v Mowatt

Question 42

Oblique intention

Answer 42

R v Woolin

Question 43

MR of S18 wounding (wounding with intent)

Answer 43

Direct or oblique intention to cause REALLY SERIOUS harm R v Belfon

Question 44

Factors indicating intent

Answer 44

Prior threats Weapon Repeated/sustained attack Attack to critical area

Question 45

GBH found?

Answer 45

S20 or S18 OAPA 61

Question 46

AR of GBH

Answer 46

to unlawfully inflict/cause GBH on a person

Question 47

GBH means really serious harm and injury’s do not have to be life threatening

Answer 47

DPP v Smith

Question 48

GBH can be serious psychiatric harm

Answer 48

R v Burstow

Question 49

GBH can be serious biological harm

Answer 49

R v Dica

Question 50

GBH can be an accumulation of minor injuries

Answer 50

R v Brown and Stratton

Question 51

Age and health are factors that can be considered when deciding if injuries are serious enough to be GBH

Answer 51

R v Bollom

Question 52

GBH can be committed indirectly

Answer 52

R v Martin

Question 53

MR of GBH

Answer 53

Same as wounding (S20 some and S18 really serious)