NFO

Question 1

AR of Assault

Answer 1

• apprehend = V has a general awareness of violence ( Smith v Supt of Woking)
• immediate = Reasonable amount of time ( Smith V Supt of Woking)
• unlawful violence = Words,Actions,Gestures, threatening letters or silent phone calls ( constanza)

Question 2

AR of Battery

Answer 2

• Slight touch done in anger ( Cole V Turner)
• Can be indirect ( R V Haystead )
• V did not consent to the touch , not generally acceptable ( Collins V Willcock)

Question 3

AR of ABH

Answer 3

• AR of Common Assault
• Causation = Factual ( Smith) + Legal ( White)
• AR of ABH = any hurt or injury calculated to interfere with V’s health or discomfort ( R v Miller) , More than trivial less than serious ( Chan Fook)

Question 4

AR of S20 GBH

Answer 4

Biological harm (Dica)
Physcological harm ( Burstow)
Bruising of a baby
Lesser injuries combined
Really serious harm ( DPP v Smith)

Question 5

AR of S18 GBH

Answer 5

A wound is a break to the second layer of skin ( Moriarty v Brooke)
A dog bite classifies as a bruise
Internal bleeding does not count ( Eisenhower)

Question 6

Legislation Of Common Assualt

Answer 6

S39 Criminal Justice Act 1939

Question 7

Legislation: ABH

Answer 7

S47 Offences Against Persons Act 1861

Question 8

Legislation: GBH

Answer 8

S20 or S18 of the offences against persons act 1861

Question 9

MR of assault

Answer 9

D has the intention (mohan) or recklessness (Cunningham) to make V apprehend immediate unlawful violence

Question 10

MR of battery

Answer 10

The d has intention (Mohan) or recklessness (Cunningham) to apply unlawful force

Question 11

MR of ABH

Answer 11

The D only needs to have the MR for the initial assault or battery

Question 12

MR of S.20 GBH

Answer 12

Intention or reckless to cause ‘some harm’ to the victim

Question 13

MR OF S.18 GBH

Answer 13

Intention to cause GBH (Belfon)