NON FATAL OFFENCES CONTINUED P1 Sec B

Question 1

What is assault

Answer 1

Scaring someone with no physical contact

Question 2

What is the actus reus of assault

Answer 2

Causing the victim to apprehend immediate unlawful force

Question 3

What are examples of things that could be threatening

Answer 3

Raising weapon
Raising fists
Verbal assault
Notes
Stalking

Question 4

What happens in Read v Coker

Answer 4

D and his gang surround V rolling up their sleeves and making V feel like they were going to attack him

Question 5

What is the legal principle in Read v Coker

Answer 5

Gestures/physical actions can be an assault

Question 6

What happens in R v Ireland

Answer 6

D made a large amount of phone calls to to three women where when they answered he sat in silence whilst heavily breathing

Question 7

What is the legal principle in R v Ireland

Answer 7

Spoken words and silence can be assault

Question 8

What happens in R v Contanza

Answer 8

D made a campaign of hate against an ex worker college over 20 months where he sent 800 threatening letters
D argued words alone could not be an assault

Question 9

What is the legal principle for R v Constanza

Answer 9

Sending notes with words can be an assault

Question 10

How can you write threats in the modern world

Answer 10

Email
Texts
Social media

Question 11

What does it mean to apprehend force

Answer 11

Anticipate/expect force will be used

Question 12

How might a victim react if they apprehend force from a defendant

Answer 12

Shake
Scream
Sweat
Run away

Question 13

What happens in DPP v Logdon

Answer 13

D points a fake gun at woman and she was terrified

Question 14

What is the legal principle for DPP v Logdon

Answer 14

It is possible for V to apprehend force even if the use of force is not possible (as long as V believes it’s possible)

Question 15

What happened in Smith v Chief Constable of Woking

Answer 15

Defendant peered through woman’s home late at night and she saw him and started screaming to which he didn’t move and kept staring

Question 16

What is the legal principle for Smith V Chief Constable of Woking

Answer 16

If V can apprehend force in the near future then it’s still an assault

Question 17

What is the men’s Rea of assault

Answer 17

Direct intention or recklessness as to causing V to apprehend immediate unlawful force

Question 18

What is battery

Answer 18

Physical contact with no injury

Question 19

What is the actus reus of battery

Answer 19

Applying unlawful force to another involving physical contact but no injury

Question 20

Give some examples of battery

Answer 20

Punching
Kicking
Pushing
Spitting

Question 21

What happens in R v Thomas

Answer 21

School care taker convicted of indecent assault after touching hem of 12 year old girls skirt

Question 22

What does R v Thomas tell us about force

Answer 22

Even the lightest touch can be force

Question 23

What does R v Thomas tell us about touching a persons clothing

Answer 23

Touching someone’s clothes is the same as touching the person themselves

Question 24

What happens in Wilson v Pringle

Answer 24

Defendant who’s a school boy grabs victims bag from Vs shoulder causing V to lose balance and fall over

Question 25

What is the legal principle for Wilson v Pringle

Answer 25

For a battery the contact must prove to be hostile

Question 26

What is meant by hostile

Answer 26

Unwanted or aggressive

Question 27

Why was the force in Wilson v Pringle not hostile

Answer 27

They did it for fun and are friends so courts said that the force here was horseplay

Question 28

Which situations is force NOT unlawful

Answer 28

Sports e.g boxing,football,martial arts,rugby

Question 29

Give examples of ‘ordinary jostlings of everyday life, being not unlawful to which u have to consent to be in

Answer 29

Super market Public transport Corridors

Question 30

What is the legal principle about force from Fagan V MPC

Answer 30

Force can be applied via a continuing act

Question 31

What is the legal principle about force in DPP V K

Answer 31

force can be applied indirectly via an object

Question 32

What is the legal principle for DPP vs Santana Bermudez

Answer 32

Force can be applied by an omission but only where D has a duty to act and fails to perform that duty

Question 33

What is the men’s Rea of battery

Answer 33

Either intention or recklessness to apply unlawful force to another person

Question 34

Where is ABH defined

Answer 34

Section 47 of the offences against the person act 1861

Question 35

What is the actus reus of ABH

Answer 35

An assault or a battery which causes ABH to another person

Question 36

What are some examples of actual bodily harm

Answer 36

Black eye,broken nose,broken finger,broken teeth,bruising,physiological damage

Question 37

What happens in R v Chan Fook

Answer 37

D subjected B to questioning about the theft of a ring D dragged V in a room and locked him in V feared Ds return and injured himself by jumping out a window in a panic

Question 38

What is legal principle 1 in chain fook

Answer 38

ABH is an injury not so trivial as to be insignificant

Question 39

What is legal principle 2 in chain fook

Answer 39

Psychiatric harm can be ABH

Question 40

What did chan fook say could not count as an ABH

Answer 40

Mere emotions e.g fear,anxiety,panic

Question 41

Give examples of psychiatric injury that can be an ABH

Answer 41

Depression,anxiety disorder,OCD,paranoia,sleep disorder,panic attacks

Question 42

What happens in DPP V SMITH(snip)

Answer 42

D cut off V pony tail with scissors He was charged with assault osscasioning ABH and was guilty Bodily is not limited to bodily injury extends to hurt and damage so long as it’s not trivial or insignificant

Question 43

What is the legal principle for DPP v Smith

Answer 43

Cutting off a persons hair can amount to ABH

Question 44

Describe T V DPP

Answer 44

V was chased by D V fell to ground and was kicked in head by D which made V briefly black out

Question 45

What is the legal principle for T V DPP

Answer 45

Even a short loss of consciousness can be ABH

Question 46

What is the men’s Rea of ABH

Answer 46

Same as assault and battery Assault-Direct intention or recklessness as to cashing the victim to apprehend unlawful force Battery-Direct intention or recklessness to apply unlawful force to another

Question 47

What happens in R v savage

Answer 47

D aims to throw beer over v ,her husbands new gf but d allowed the glass to slip and accidentally injured V

Question 48

What is the legal principle for R v savage

Answer 48

D does not need to intend/ be reckless as to causing ABH to v they just need the men’s Rea of battery or assault