Non Fatal Offences

Question 1

What type of offence is assault?

Answer 1

Common Law and Summary

Question 2

What type of offence is battery?

Answer 2

Common Law

Question 3

What type of offence is assault (ABH)?

Answer 3

Statute

Question 4

What type of offence is Maliciously inflicting GBH?

Answer 4

Statute

Question 5

What type of offence is malcious wounding?

Answer 5

Statute

Question 6

What type of offence is Maliciously causing GBH with intent to resist arrest?

Answer 6

Statute

Question 7

What type of offence is Malicious wounding with intent to resist arrest?

Answer 7

Statute

Question 8

R v Logdon

Answer 8

D showed V a replica gun, he told her he would hold her prisoner until she paid. V had reasonable fear and despite the threat not being carried out, D was convicted of assault.

Question 9

R v Constanza

Answer 9

D wanted a relationship with V. D sent her V 800 letters and followed her, V developed major depression and anxiety.

Question 10

R v Ireland and Burstow

Answer 10

D’s repeatedly called women and remained silent or simulated heavy breathing, the women developed psychological damage.

Question 11

R v Savage

Answer 11

D threw beer over V, glass smashed and cut V’s wrist. They had a previous negative relationship and D was charged with malicious and unlawful wounding.

Question 12

Haystead v DPP

Answer 12

D punched a woman holding her baby, although direct force was not to the baby D was convicted of battery.

Question 13

DPP v K

Answer 13

D, a 15 Year Old boy who took acid from his class, he poured it into a hand dryer and it was indirect battery.

Question 14

R v Thomas

Answer 14

D convicted of assault on female students, this was for touching clothes and touching - Battery

Question 15

Wood v DPP

Answer 15

D challenged the Police Officer for obstructing a Police Officer and threatening behaviour, he struggled to escape from a police officer.

Question 16

R v Santana - Bermudez

Answer 16

Police Woman asked D if he had sharp objects in pocket, D said no and police woman stabbed y needle. D convicted of battery (ABH).

Question 17

Fagan v MPC

Answer 17

D was in his car, a police officer asked him to over, he rolled on the officer’s foot. D refused to move and was charged with assaulting a police officer.

Question 18

T v DPP

Answer 18

V was approached by a group of boys who attacked him. D caused V to lose consciousness and a police officer intervened. D was convicted of ABH.

Question 19

DPP v Smith

Answer 19

Smith asked to stop by the constable, didn’t, the constable jumped and fell off and died. D convicted of manslaughter.

Question 20

R v Saunders

Answer 20

D attempted to poison his wife through an apple, daughter ate it, convicted of daughter’s murder.

Question 21

R v Bollom

Answer 21

D inflicted harm on partner’s baby, including bruises and cuts. Guilty of abh opposed to gbh as it was over a prolonged period of time.

Question 22

R v Taylor

Answer 22

D convicted of unlawful wounding, he attacked a complaintant with a fork and knife.

Question 23

What is the definition of Assault?

Answer 23

An act in which a person intentionally or recklessly causes another to apprehend immediate unlawful violence.

Question 24

How can Assault be committed?

Answer 24

Words alone (Constanza), Silent calls (Ireland and Burstow) or Deeds (Logdon, Light)

Question 25

What is the definition of battery?

Answer 25

By act, omission, or indirectly, D intentionally or recklessly applies unlawful force to another.

Question 26

How can Assault be committed?

Answer 26

Through Act or Omission

Question 27

What is the meaning of 'apprehend'?

Answer 27

V being aware that they may be subjected to immediate unlawful violence. R v Lamb

Question 28

What is the meaning of immediate?

Answer 28

Any time in the future including the immediate future. Smith v CS Woking Police Station

Question 29

Case for assault - words alone?

Answer 29

R v Constanza

Question 30

Case for assault- deeds / gestures?

Answer 30

R v Logdon

Question 31

Case for assault - silence?

Answer 31

R v Ireland and Burstow

Question 32

MR for Assault

Answer 32

Intention or recklessness as to causing the victim to apprehend immediate and unlawful violence.

Question 33

AR of Assault

Answer 33

An act as to causing the victim to apprehend immediate and unlawful violence.

Question 34

AR of Battery

Answer 34

The application of unlawful force on another.

Question 35

MR of Battery

Answer 35

Intention or recklessness as to applying unlawful force.

Question 36

AR of Assault occasioning ABH

Answer 36

The defendant must commit an assault or battery which causes the victim to suffer actual bodily harm.

Question 37

MR for Assault occasioning ABH

Answer 37

Same for assault or battery.

Question 38

R v Venna

Answer 38

D struggled with police officers broke the officers finger - Battery MR

Question 39

Collins v Willcock

Answer 39

D refused to talk to a policewoman and she grabbed him, this was battery.