Non-Fatal Offences Against the Person

Question 1

Fagan v Metropolitan Police Commissioner, Criminal Justice Act 1988 s39

Answer 1

Simple Assault

Question 2

Simple Assault AR

Answer 2

AR – The defendant causes another person to apprehend the application of immediate unlawful personal force

Question 3

Simple Assault MR

Answer 3

MR – The defendant intends or is reckless to causing another person to apprehend the application of immediate unlawful personal force (R v Venna)

Question 4

R v Ireland

Answer 4

Words alone can satisfy the AR of the simple assault, as can silent telephone calls

Question 5

R v Spratt

Answer 5

The test for recklessness in the context of simple assault is subjective

Question 6

R v Burstow

Answer 6

Victim must apprehend immediate personal force, but this can be satisfied in cases where the victim fears the defendant could strike immediately at any time

Question 7

Criminal Justice Act 1988 s39

Answer 7

Physical Assault/Battery

Question 8

Physical Assault AR

Answer 8

The infliction of unlawful personal force on another person

Question 9

Physical Assault MR

Answer 9

Intention or recklessness as to the infliction of unlawful personal force on another person

Question 10

Read v Coker

Answer 10

Conditional threats can still meet the AR of simple assault

Question 11

DPP v K, Haystead

Answer 11

The application of force, in the context of physical assault, can be indirect, such as by placing items to trip over

Question 12

Offences Against the Person Act 1861 s47

Answer 12

Assault Occasioning Actual Bodily Harm

Question 13

Assault Occasioning Actual Bodily Harm AR

Answer 13

1) An assault
2) Which occasions
3) Actual Bodily Harm

Question 14

Assault Occasioning Actual Bodily Harm MR

Answer 14

Intention or recklessness as to the application of unlawful personal force, not necessarily to ABH (R v Savage; R v Parmenter)

Question 15

R v Miller

Answer 15

ABH is anything ‘calculated to interfere with the health or comfort of the victim’ which is not ‘transient or trifling’

Question 16

R v Ireland, R v Chan-Fook

Answer 16

Psychiatric Illness can be considered Actual Bodily Harm, but only where it is in the form of a recognisable clinical condition

Question 17

Offences Against the Person Act 1861 s.20

Answer 17

Wounding or Inflicting Grievous Bodily Harm

Question 18

Wounding or Inflicting Grievous Bodily Harm AR

Answer 18

Unlawfully wounding or inflicting grievous bodily harm on another person

Question 19

R v Horwood

Answer 19

Unlawfully means without lawful justification, such as self-defence/prevention of crime

Question 20

DPP v Smith

Answer 20

GBH defined as ‘really serious harm’

Question 21

Moriarty v Brookes

Answer 21

Wounding defined as anything which breaks the continuity of the skin and draws blood

Question 22

Eisenhower

Answer 22

Internal bleeding, no matter how severe, is not a wound

Question 23

R v Burstow

Answer 23

Psychiatric problems can be considered GBH, and a direct simple or physical assault need not be directly established in these cases

Question 24

Wounding or Inflicting Grievous Bodily Harm MR

Answer 24

Intention or recklessness as to the infliction of ABH (R v Savage; R v Parmenter)

Question 25

Offences Against the Person Act s.18

Answer 25

Wounding or Causing Grievous Bodily Harm with Intent

Question 26

Wounding or Causing Grievous Bodily Harm with Intent AR

Answer 26

Unlawfully wounding or causing GBH to another person (practically the same as s.20)

Question 27

Wounding or Causing Grievous Bodily Harm with Intent MR

Answer 27

1) Intention or recklessness to ABH (R v Savage; R v Parmenter) and either: 2) Intent (and not recklessness) to cause grievous bodily harm, or 3) Intent to resist or prevent the lawful apprehension or detainer of any person