Non-Fatal Offences Summary

Question 1

What is the AR for Assault?

Answer 1

To cause the victim to apprehend immediate and unlawful personal violence/force

Question 2

What is the MR for Assault?

Answer 2

Recklessly or intentionally

Question 3

Logdon Case

Answer 3

Fake gun
- Threat/Violence doesn’t have to be real

Question 4

Lamb Case

Answer 4

Boys playing with a gun
- No assault if the victim doesn’t apprehend the violence

Question 5

Costanza Case

Answer 5

Letters
- You can assault someone through words

Question 6

Tuberville V Savage Case

Answer 6

Words can cancel out an assault

Question 7

Smith V Woking Police Case

Answer 7

Threat doesn’t have to be totally immediate, just imminent

Question 8

What is the AR of Battery?

Answer 8

Apply unlawful force

Question 9

What is the MR of Battery?

Answer 9

Recklessly or intentionally

Question 10

Collins v Wilcock Case

Answer 10

Implied consent for ‘everyday’ physical contact makes it lawful

Question 11

Faulkner v Talbot Case

Answer 11

Can include the slightest unwanted touch

Question 12

Thomas Case (Pulling on skirt)

Answer 12

Battery can happen through clothes

Question 13

Fagan and DPP v K

Answer 13

Battery can be indirect

Question 14

Haystead Case

Answer 14

Mum gets punched and drops the baby
- Transferred malice applies

Question 15

Venna Case

Answer 15

Flailing limbs when arrested
- Reckless force towards no one in particular is enough to satisfy the MR

Question 16

What is the AR of ABH?

Answer 16

Assault or battery occasioning actual bodily harm

Question 17

What is the MR of ABH?

Answer 17

Intentionally or recklessly causing assault or battery

Question 18

Miller Case

Answer 18

ABH can be defined as as any injury affecting the health and comfort of the victim

Question 19

Chan Fook Case

Answer 19

Includes psychiatric injury

Question 20

T V DPP Case

Answer 20

Temporary loss of consciousness

Question 21

Roberts Case (Jumps out of car)

Answer 21

Can be assault leading to an injury

Question 22

DPP V K (Acid) and DPP V Smith (Ponytail) Cases

Answer 22

Battery leading to the injury

Question 23

Savage Case

Answer 23

MR only need to intend or be reckless about the lesser crime (Not ABH)

Question 24

What is the AR for GBH S20

Answer 24

Inflict GBH or a wound

Question 25

What is the MR of GBH S20?

Answer 25

Intend some level of harm (less than GBH) or reckless about GBH

Question 26

Smith Case

Answer 26

GBH is ‘really serious harm’

Question 27

JCC V Eisenhower Case

Answer 27

A wound is a ‘break in the continuity of the skin’