Non fatal offences (PINK BOOKLET)

Question 1

Where is assault defined?

Answer 1

In common law

Question 2

What is the actus reus of assault?

Answer 2

Causing V to apprehend immediate unlawful case

Question 3

What legal principal came from the case of DPP v Logdon?

Answer 3

Apprehend => ‘to anticipate or expect’

Question 4

What legal principle came from the case of Smith v Chief Constable of Woking?

Answer 4

Immediate => ‘in the near future’

Question 5

What legal principle came from the case of Read v Coker?

Answer 5

That gestures/actions can amount to an assault

Question 6

What legal principle came from R v Ireland?

Answer 6

That words said (or not said (silence)) can amount to an assault

Question 7

What legal principle came from R v Constanza?

Answer 7

Written words can amount to an assauly

Question 8

What legal principle came from the case of Tuberville v Savage?

Answer 8

That words can negate an assault

Question 9

What is the mens rea of assault?

Answer 9

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

Question 10

What is the case that outlines direct intention?

Answer 10

R v Mohan

Question 11

What is the case that outlines recklessness?

Answer 11

R v Cunningham

Question 12

Where is battery defined?

Answer 12

Common law

Question 13

What is the actus reus of battery?

Answer 13

Applying force on/to another person

Question 14

What legal principle came from the case of R v Thomas?

Answer 14

That even the lightest touch (touching a persons clothes) can result in a batter

Question 15

What legal principle came from the case of Wilson v Pringle?

Answer 15

That contact must be hostile/unwanted in order to be a battery

Question 16

What legal principle came from the case of Fagan v MPC?

Answer 16

Force can be applied via a continuing act (battery)

Question 17

What legal principle came from the case of DPP v K?

Answer 17

Force can be applied indirectly (e.g. by an object) (battery)

Question 18

What legal principle came from the case of DPP v Santana-Bermudez?

Answer 18

That force can be applied via an omission where D has a duty to act (battery)

Question 19

What is the mens rea of battery?

Answer 19

Intention/recklessness as to apply unlawful force on/to another person

Question 20

Where is assault occasioning ABH defined?

Answer 20

S47 of the offences against the person act 1861

Question 21

What is the actus reus of ABH?

Answer 21

Assault or battery which causes actual bodily harm

Question 22

What legal principle came from the case of R v Chan-Fook?

Answer 22

An injury cannot be so trivial as to be wholly insignificant

Harm can be psychiatric

Question 23

What legal principle came from the case of DPP v Smith (ABH)?

Answer 23

Cutting someones hair without their consent can be an ABH

Question 24

What legal principle came from the case of T v DPP?

Answer 24

A short loss of consciousness can amount to an ABH

Question 25

For battery, what cases are needed to prove causation?

Answer 25

R v Pagett - Factual | R v Smith - Legal

Question 26

What is the mens rea for ABH?

Answer 26

The same as the mens rea for assault or battery

Question 27

What legal principle came from R v Savage?

Answer 27

That no extra mens rea was needed for the ABH - only for the assault/battery

Question 28

Where is wounding defined?

Answer 28

S18 and S20 of offences against the person act 1861

Question 29

What is the actus reus of wounding?

Answer 29

To unlawfully wound another person

Question 30

What case outlines what a 'wound' is?

Answer 30

JCC v Eisenhower

Question 31

What is the legal principle that came from JCC v Eisenhower?

Answer 31

That 2 layers of skin must be broken in order for a person to be 'wounded'

Question 32

After the actus reus is proved, what else must be proved in the case of wounding?

Answer 32

Causation

Question 33

What are the 2 cases that need to be referenced for causation?

Answer 33

R v Pagett | R v Smith

Question 34

What is the mens rea of S20 wounding (malicious)?

Answer 34

Intention/recklessness as to cause SOME harm

Question 35

What case must be referenced in the case of S20 mens rea?

Answer 35

R v Mowatt

Question 36

What is the mens rea of S18 wounding (with intent)?

Answer 36

Direct/oblique intention as to cause SERIOUS harm

Question 37

What case must be referenced in the case of S18 mens rea?

Answer 37

R v Belfon

Question 38

Where is GBH defined?

Answer 38

S18 or S20 of OAPA 1861

Question 39

What is the actus reus of GBH?

Answer 39

To inflict/cause grievous bodily harm to a person

Question 40

What legal principle came from the case of DPP v Smith (GBH)?

Answer 40

GBH must be 'really serious harm'

Question 41

What legal principle came from the case of R v Burstow?

Answer 41

GBH can be psychiatric

Question 42

What legal principle came from the case of R v Dica?

Answer 42

GBH can be biological harm

Question 43

What legal principle came from the case of R v Brown and Stratton?

Answer 43

GBH can be an accumulation of smaller injuries

Question 44

What legal principle came from the case of R v Bollom?

Answer 44

That age and health are factors considered when deciding if something was a GBH

Question 45

What must be proved along with the actus reus of GBH?

Answer 45

Causation (factual and legal)

Question 46

What legal principle came from the case of R v Martin?

Answer 46

That GBH can be committed indirectly (e.g. via an object)

Question 47

What is the mens rea of S20 GBH (malicious)?

Answer 47

Recklessness/intention as to causing SOME harm

Question 48

What case must be referenced in the case of S20 GBH?

Answer 48

R v Mowatt

Question 49

What is the mens rea of S18 GBH (with intent)?

Answer 49

Direct/Oblique intention as to causing SERIOUS harm

Question 50

What case must be referenced in the case of S18 GBH?

Answer 50

R v Belfon

Question 51

What is the relevant case for indirect intention?

Answer 51

R v Woollin