Non Fatal Offences

Question 1

Assault

Answer 1

AR - apprehend unlawful force.

MR - Intention/recklessness.

Question 2

Constanza

Answer 2

Can be words alone.

Question 3

Ireland and Burstow

Answer 3

Must be an immediate fear of violence.

Silent phone call = assault.

Question 4

Tuberville and Savage

Answer 4

Shake fist and say won’t harm - not liable.

Question 5

Savage and parmenter.

Answer 5

Subjective recklessness

Question 6

Battery

Answer 6

S39 Courts and Justice Act 1988.
AR - unlawful force on another, no need to prove harm/pain.
MR - Intention/recklessness to the application of force.

Question 7

Fagan v MPC

Answer 7

Battery, drove over drivers foot.

Question 8

Haystead v DPP

Answer 8

Force doesn’t have to be to the person - woman hit drops baby, liable to both.

Question 9

ABH

Answer 9

S47 Crown and Justice Act 1988
AR - assault occasioning actual bodily harm. Satisfy AR for a/b and prove that it caused ABH.
MR - the same as a/b

Question 10

Miller

Answer 10

Hurt/injury calculated to interfere with health/comfort.

Question 11

Chan Fook

Answer 11

Injuries must be more than trivial.

Question 12

Roberts

Answer 12

Unwanted sexual advances; touched skirt - AR for battery and then she jumped out of the car - caused ABH.

Question 13

GBH

Answer 13

S20/S18
Inflict GBH/wound victim.
Cause GBH/wound victim.
Maliciously/intentionally/recklessless s20
Maliciously intentionally s18 - subjective.

Question 14

DPP v Smith

Answer 14

Grievous means really serious

Question 15

Eisenhower

Answer 15

Wound - broken skin.

Question 16

Ireland and Burstow

Answer 16

Really serious psychiatric injury - GBH

Question 17

Bollom

Answer 17

Need not require medical treatment - bruises.

Question 18

Cunningham

Answer 18

Subjective recklessness.