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