Law Paper 1- Non-Fatal Offences - Statistics

General Stats
  • This quiz has been taken 15 times
  • The average score is 9 of 53
Answer Stats
Hint Answer % Correct
What is the first element to the AR of assault? (An ___) Act
86%
What is the second element? ~(which causes v to___) Apprehend
64%
What section is it contained under? 39
43%
What act contains the law on assault and battery? Criminal Justice Act 1988
36%
What the the third element? (three words) immediate unlawful force/violence
36%
Words can negate an assault (case) Tuberville v Savage
36%
Words can be written for an assault (case) Constanza
29%
Silence can be an assault (case) Ireland
29%
What is the key difference between the two types of GBH? (element of criminal liability) Mens Rea
29%
What is the definition of battery? (four words) Application of unlawful force
21%
What is the first element which must be proved for ABH? Assault
21%
Mens rea for ABH is mens rea for... Assault/Battery
21%
'force' can include ' the slightest touching' (case) Collins v Wilcock
21%
What case described ABH as 'any hurt or injury calculated to interfere with the health or comfort of the victim'? Miller
21%
What is the third element? Actual Bodily Harm
14%
What type of offence are assault and battery? Basic intent
14%
Whereas s20 is... Basic Intent
14%
What principles must be applied for the second element? Causation
14%
What case defined each word of ABH? Chan Fook
14%
Infecting victims with HIV can be GBH (case) Dica
14%
Battery can be committed through an indirect act (case) DPP v K
14%
Battery can be made through a continuing act (case) Fagan v MPC
14%
The victim must apprehend (case) Lamb
14%
What is the maximum punishment for s18? Life imprisonment
14%
Spitting is an assault (case) Misalati
14%
'Bodily' is not limited to skin,flesh...but also includes... Psychiatric harm
14%
'immediate' does not mean instant, but imminent (case) Smith v Woking Police
14%
Therefore, what type of offence is s18 GBH? Specific Intent
14%
Severity of injuries should be assessed according to the victim's age and health (case) Bollom
7%
Serious psychiatric injury can be GBH (case) Burstow
7%
What case held that 'maliciously' meant either intention or recklessness? Cunningham
7%
Example of where an omission amounted to a battery DPP v Santa-Bermudez
7%
'Cutting a substantial amount of hair could amount to ABH' (case + year) DPP v Smith 2006
7%
What is the maximum sentence for ABH? Five years imprisonment
7%
What is the maximum punishment for s20? Five years imprisonment
7%
'Harm' is injury which goes beyond... Interference with the health and comfort of the victim
7%
What type of cut is not sufficient? Internal
7%
'Cut must be of the whole skin- both layers' (case) JJC v Eisenhower
7%
What is the second element? Occasioning
7%
What can assault not be in the form of? Omission
7%
In which case did the HOL confirm that the C meaning of recklessness applies to all offences where 'maliciously' is used? Parmenter
7%
Battery case where a police officer was acting 'within his duty' Pegram v DPP
7%
DPP v Smith 1961 stated that 'grievous bodily harm' means... Really serious harm
7%
What section and act is the more serious offence of GBH under? s18 Offences Against the Person Act 1861
7%
What section and act is the lesser offence of GBH under? s20 Offences against the Person Act 1861
7%
Which Act and section contains the law on ABH? s47 Offences Against the Person Act 1861
7%
The harm does not have to be life-threatening (case) Saunders
7%
What is the maximum punishment for offences under s39? Six Months Imprisonment
7%
'Actual' means not so... Trivial to be wholly insignificant
7%
Case where momentarily loss of consciousness was held to be ABH T v DPP
7%
A wound is... a cut or break in continuity of the skin
0%
There does not have to be a direct infliction physically between the defendant and the victim (case) Lewis
0%
'The act must be unlawful' Melin/BM
0%
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