Non-Fatal offences Against The Person

Question 1

Where is Assault recognised

Answer 1

S39 Criminal Justice Act 1988

Question 2

What is the actus reas of an assault

Answer 2

An act which causes the victim to apprehend the use of immediate and unlawful force

Question 3

Can photographs constitute an assault (name the case)

Answer 3

Yes they can (Burton)

Question 4

Does the threat have to be real (name the case)

Answer 4

It does not have to be real (Logdon)

Question 5

Can words annul an assault

Answer 5

Words can annul to an assault (Tuberville v Savage)

Question 6

What is the mens rea of Assault

Answer 6

Intention or recklessness as to cause the victim to apprehend the use of immediate, unlawful force

Question 7

What intention can be used to evidence the mens rea (add cases)

Answer 7

Direct and indirect intent (woollin, Nedrick)

Question 8

What case evidences the ‘Aim, Purpose and Desire’

Answer 8

Mohan

Question 9

What recklessness can be used to evidence the mens rea

Answer 9

Cunningham recklessness or subjective recklessness

Question 10

What cases are used to evidence imminent, unlawful force

Answer 10

(Smith) (Ireland)

Question 11

Can words constitute an assault

Answer 11

Yes as in Constanza

Question 12

What case defines assault

Answer 12

Fagan (1969)

Question 13

what is the maximum sentence for assault

Answer 13

6 months=/ £5000

Question 14

Can an ommission be used to evidence the actus reas

Answer 14

no unless there is a duty to act (Santa Bermudez)

Question 15

Can silence constitute an assault

Answer 15

yes (Ireland) (Burstow)

Question 16

Does V have to apprehend unlawful force

Answer 16

The victim must anticipate unlawful force (Lamb)

Question 17

What does unlawful mean

Answer 17

Without legal justification

Question 18

What can be deemed as personal violence

Answer 18

Unwanted touching is sufficient

Question 19

Can you unintentionally commit an assault

Answer 19

No you cannot

Question 20

Where is Battery recognised

Answer 20

S39 Criminal Justice Act 1988

Question 21

What is the maximum sentence for Battery

Answer 21

6 months+/£5000

Question 22

What case defines Battery

Answer 22

Ireland (1997)

Question 23

What is the actus reas of Battery

Answer 23

The application of unlawful force to another

Question 24

Can you carry out a Battery via an ommission (name the case)

Answer 24

Yes where there is a failure to act. (Santa-Bermudez)

Question 25

How is a battery most commonly carried out

Answer 25

Through a direct act

Question 26

Can a battery occur via indirect force (name the case)

Answer 26

Yes (Haystead) (Martin) (DPP v K)

Question 27

Which case determines the need for consent (implied or explicit) for touching

Answer 27

Collins v Wilcock

Question 28

What force is required to constitute a Battery

Answer 28

Minimal force 'the slightest touch'

Question 29

What case defines level of touching required for a Battery

Answer 29

Thomas (1985)

Question 30

What scope must the force be outside of for a Battery (name the case)

Answer 30

The force must be outside the scope of social acceptability (Wilson-Pringle)

Question 31

What cases showcase the subjective recklessness element of a Battery

Answer 31

Venna (1976), Savage (1991), Parmenter (1991)