non fatal offences

Question 1

what act is assault and battery under

Answer 1

s.39 criminal justice act 1988

Question 2

definition for assault

Answer 2

intentionally or recklessly cause the apprehension of immediate force

Question 3

no fear no assault

Answer 3

r v lamb- shot friend but didn’t know the gun was loaded so no fear

Question 4

evidence of fear is enough

Answer 4

r v misalati- defendant was racially and verbally abusing to colleagues

Question 5

if its a joke there is no mens rea

Answer 5

chambers v DPP- twitter message in airport ‘resort to terrorism’

Question 6

silence can be an assault

Answer 6

r v Ireland- silent phone calls

Question 7

words can cancel an assault

Answer 7

Tuberville v savage- holding a sword but said something not threatening

Question 8

mens rea for assault

Answer 8

r v cunningham- reckless

Question 9

definition for battery

Answer 9

the intentional or reckless application of unlawful force upon another person

Question 10

fagan v metropolitan police commissioner

Answer 10

victim need not be aware of the hit

Question 11

collins v willcock

Answer 11

battery can be from the slightest touch

Question 12

r v thomas

Answer 12

touching clothes can amount to a battery

Question 13

r v braham

Answer 13

a battery can be done even out of affection

Question 14

r v haystead

Answer 14

a battery can be an indirect action

Question 15

dpp v santa-bermudez

Answer 15

battery can be an omission

Question 16

r v venna

Answer 16

recklessness is enough for the mens rea of a battery

Question 17

what act is ABH and GBH defined under

Answer 17

offences against the people act 1861 (ABH- s.47)

Question 18

definition of ABH

Answer 18

any assault occasioning in actual bodily harm

Question 19

r v roberts

Answer 19

the victims actions was reasonably foreseeable due to his acts even if her didn’t foresee it

Question 20

r v chan-fook

Answer 20

psychiatric illness can amount to ABH

Question 21

dpp v smith

Answer 21

cutting hair can amount to ABH

Question 22

r v savage

Answer 22

defendant can be guilty even of they didn’t intend it

Question 23

what section is GBH without intent under

Answer 23

s.20

Question 24

definition of GBH

Answer 24

an unlawful act that leaves a wound which leads to grievous bodily harm

Question 25

what does unlawful mean

Answer 25

the pain was not consented to e.g. a doctor or dentist

Question 26

what is wounding

Answer 26

it must have broken all the layers of the skin

Question 27

c v eisenhower

Answer 27

a ruptures blood vessel in eye is not a wound as it is internal

Question 28

saunders

Answer 28

no difference between serious and really serious

Question 29

r v brown and stratton

Answer 29

the jury can say what is or isn't really serious harm. an accumulation can add up to really serious harm.

Question 30

r v bollom

Answer 30

the courts take special characteristics, age and health, into account

Question 31

r v burstow

Answer 31

psychiatric injury can be GBH

Question 32

r v dica

Answer 32

biological GBH is possible for spreading HIV

Question 33

r v mowatt

Answer 33

foresight of some physical harm to the victim

Question 34

r v parmenter

Answer 34

not harm had been foreseen so no GBH

Question 35

r v grimshaw

Answer 35

she said seen some harm would occur

Question 36

DPP v A

Answer 36

defendant only needs to know some injury might happen not that it will

Question 37

what section is GBH with intent under

Answer 37

s.18

Question 38

r v nedrick

Answer 38

GBH was a virtual certain consequence of his/her actions

Question 39

r v matthews and alleyne

Answer 39

evidential test which which can be used by the jury