NFOAP

Question 1

What is the actus reus of assault?

Answer 1

An act which causes the victim to apprehend the infliction of immediate, unlawful force.

Question 2

What constitutes an assault?

Answer 2

An assault requires some act or words.

Question 3

True or False: Silent phone calls can be considered an assault.

Answer 3

True

Question 4

In Logdon v DPP (1975), what act was deemed an assault?

Answer 4

Pointing a gun at somebody.

Question 5

What does ‘immediate’ mean in the context of assault?

Answer 5

‘Immediate’ refers to ‘imminent’, not necessarily instantaneous.

Question 6

What was the significance of Tuberville v Savage (1669) regarding assault?

Answer 6

Words can negate an assault.

Question 7

What is the mens rea of assault?

Answer 7

Intention or recklessness as to whether the victim apprehends the infliction of immediate unlawful force.

Question 8

What does the application of unlawful force include?

Answer 8

The slightest touching.

Question 9

What case established that touching a person’s clothes while they are wearing them is equivalent to touching them?

Answer 9

R v Thomas (1985).

Question 10

Fill in the blank: A battery can be committed through an _______.

Answer 10

omission.

Question 11

What is the definition of actual bodily harm (ABH)?

Answer 11

Any harm or injury that interferes with the health or comfort of the victim.

Question 12

What case held that recognisable psychiatric injury could be classed as ABH?

Answer 12

R v Chan Fook (1994).

Question 13

What is the actus reus of section 47 (ABH)?

Answer 13

D must have committed an assault or a battery which caused actual bodily harm.

Question 14

What constitutes grievous bodily harm (GBH)?

Answer 14

Really serious harm.

Question 15

According to OAPA 1861 s. 20, what is the actus reus for wounding or inflicting GBH?

Answer 15

Wounding; or inflicting grievous bodily harm.

Question 16

What does the mens rea of s. 20 entail?

Answer 16

Intention or recklessness as to whether some harm was done.

Question 17

What is the actus reus of section 18?

Answer 17

Wounding; or causing grievous bodily harm.

Question 18

What must the prosecution prove for section 18 regarding mens rea?

Answer 18

That the defendant intended to do some GBH or maliciously resist arrest.

Question 19

In R v Morrison (1989), what was the court’s finding regarding intent?

Answer 19

D must have either intended injury or realized there was a risk of injury and took that risk.

Question 20

What is the summary of the elements of assault?

Answer 20

Act causing apprehension of immediate unlawful force; intention or recklessness.

Question 21

Fill in the blank: Battery involves the application of _______.

Answer 21

unlawful force.

Question 22

What are the three elements of the actus reus of ABH under section 47?

Answer 22

• Assault or battery
• Occasioning
• Actual bodily harm

Question 23

What type of intent is required for GBH under section 18?

Answer 23

Specific intent.