non fatal offences

Question 1

what is AR of assault

Answer 1

to cause the apprehension of immediate unlawful force

Question 2

what is the MR of assault?

Answer 2

an intention or recklessness as to causing the victim to apprehend unlawful and immediate force

Question 3

what is the AR of battery?

Answer 3

unlawful application of force upon another person

Question 4

what is the MR of battery?

Answer 4

an intention or recklessness as to whether force is applied

Question 5

key cases for assault

Answer 5

Ireland-D made silent phone calls to a woman over a period of time
Lamb-D pointed an unloaded gun at v but v knew was unloaded so didn’t fear immediate and unlawful harm
Smith-D was standing in vs garden staring through the kitchen window
Tuberville v savage

Question 6

key cases for battery

Answer 6

collins v wilcock
DPP V K
DPP v Santa-Bermudez

Question 7

cases for mens rea

Answer 7

DPP v Majewski
Venna

Question 8

how to structure a question

Answer 8

define offence
explain 1st element (AR)
apply
explain 2nd element
apply
repeat
conclude likely liability

Question 9

s47 ABH

Answer 9

assault occasioning actual bodily harm

Question 10

s20 GBH

Answer 10

inflicting grievous bodily harm or malicious wounding

Question 11

s18 GBH with intent

Answer 11

inflicting GBH or malicious wounding with specific intent or intent to resist or prevent lawful arrest

Question 12

does s47 ABH include psychiatric damage?

Answer 12

yes

Question 13

what is the men’s rea?

Answer 13

intention or recklessness as to assault or battery