Non Fatal Offences

Question 1

What is the offence of an assault and what is the authority?

Answer 1

An assault is committed when the accused intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. Fagan v MPC

Question 2

What are the four elements of the actus reus for assault?

Answer 2

Apprehend, immediate, unlawful and personal violence

Question 3

What is the principle of R v Lamb and what are the facts?

Answer 3

The principle of this case is that the defendant must cause the victim to believe he can and will carry out the threat of force. The case Consisted of two teenage boys playing with a revolver that had two bullets in, they believed that the gun was safe as the bullets were not opposite the barrel and the boy was shot dead. The defendant did not have the necessary mens rea.

Question 4

What is the principle of Logdon v DPP and what are the facts?

Answer 4

If the victim is caused to apprehend the threat, it is irrelevant that the defendant did not have the means to carry the threat out. The defendant was found to have committed an assault when showing her a pistol in a drawer threatening to hold her hostage despite knowing it was a replica.

Question 5

What principle from R v Mead & Belt was overturned in R v Wilson? Which case took this further?

Answer 5

The principle in R v Mead & Belt was that no words or singing could ever amount to an assault. However, in Wilson it was held that the words ‘get out the knives’ on their own would constitute an assault. This was taken further in R v Ireland;Burstow where it was concluded that silent telephone calls also amounted to an assault.

Question 6

What principle was found in Tuberville v Savage?

Answer 6

Words can negate an assault. Even though the defendant put his hand on his sword, his words “if it were not assize-time, I would not take such language from you” therefore this did not constitute an assault.

Question 7

What is meant by personal violence?

Answer 7

It can only include psychical violence, psychological violence is insufficient

Question 8

What was held in the case of Smith v Superintendent of Woking Police Station?

Answer 8

“When one is in a state of terror, it is hard for one to decide exactly what one is frightened of” - Kerr LJ

Question 9

What was held in R v Ireland?

Answer 9

Immediate doesn’t mean instantaneous

Question 10

What are two cases that upheld the mens rea of intention or recklessness of assault?

Answer 10

R v Venna and R v Savage;Parmenter

Question 11

What is the offence of Battery and what case is the authority?

Answer 11

The actual intended use of unlawful force to another person without his consent. Fagan v MPC.

Question 12

What extent does the force have to be and what is the authority for this?

Answer 12

Force can be the merest or touching - Collins v Wilcock. Any touching of another person, however slight, may amount to a battery

Question 13

What case held that force need not be hostile, rude or aggressive?

Answer 13

Faulkner v Talbot

Question 14

Does the force need to be direct?

Answer 14

No, in Haystead v DPP, Haystead punched the victim causing her to drop her 12 month baby and this amounted to battery on the baby.

Question 15

What was the case of DPP V K?

Answer 15

K took acid from a chemistry lesson to try it out on toilet paper, when he heard footsteps he panicked and poured it into an up facing hand dryer nozzle. Another student later used the dryer and the acid sprayed on their face. He was acquitted because he did not have the necessary MR, however he did have the AR.

Question 16

What is the case of Fagan v MPC?

Answer 16

Fagan accidentally drove over the foot of a police officer, when the police officer asked to move, Fagan refused. Although the MR was not present at the time of the AR, the continuing of the act meant the MR was present at some point.

Question 17

Can you commit a battery by failing to act? What can you be guilty of?

Answer 17

You cannot be guilty of a battery through an omission. In R v Santana Bermudez, the D failed to tell the police officer that there were needles in their pocket which amounted to an offence under s47.

Question 18

What is an assault in terms of s47?

Answer 18

DPP v Little held that there can be an assault or battery

Question 19

What did R v Miller uphold?

Answer 19

Actual bodily harm was said to include any hurt or injury calculated to interfere with the health or comfort of the Victim. The hurt needs not to be serious or permanent but must be more than transient and trifling.

Question 20

Can actual bodily harm include psychological injury?

Answer 20

Yes, R v Chan Fook and R v Ireland;Burstow both state it can be psychological injury but not just emotion such as fear or distress but evidence of mental injury

Question 21

What did T v DPP and DPP v Smith uphold in terms of actual bodily harm?

Answer 21

A momentarily loss of consciousness and cutting off someone’s hair can amount to Abh.

Question 22

What is the mens rea for section 47?

Answer 22

No MR required for s47, just for the assault or battery. R v Savage;Parmenter upheld that there is not a requirement to prove that D intended or was reckless as to cause abh.

Question 23

What constitutes as a wound in terms of s20?

Answer 23

C v Eisenhower held that there must be a break in both layers of skin.

Question 24

What is meant by infliction in terms of s20?

Answer 24

In R v Wilson it was upheld that there could be an infliction of gbh without an assault, I.e the branding of initials on a buttocks, but consent in this case was valid. In R v Burstow, it was upheld that nuisance phone calls leading to psychological damage was also infliction.

Question 25

What constitutes as gbh in terms of s20?

Answer 25

Take into consideration the victims age and health, and the totality of the injuries.

Question 26

What was upheld in the case of R v Mowatt?

Answer 26

Unnecessary that the D has foreseen his act might cause a wound or gbh, it is enough that he foresaw some physical harm.

Question 27

How does the MR differ between s20 and s18?

Answer 27

For s18, the defendant must intend to cause gbh. For s20, the defendant must intend or be reckless to cause some harm.