| 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%
|