Deck 6: Non-Fatal Offences Against the Person

Question 1

D raises a fist and thrusts it silently towards V, a blind man. Which of the following describes D's offence?

A) An attempted assault because he has not actually inflicted unlawful personal violence on V.
B) Neither assault nor battery because he has not harmed V.
C) Neither assault nor battery because V did not apprehend immediate unlawful violence.
D) An assault because although he has not caused V to apprehend immediate unlawful violence, he intended to do so.

Answer 1

D

Question 2

D shouts a violent threat at V from a moving car. Which of the following represents the law:

A) D has not assaulted V because he has not struck him.
B) D has not assaulted V because the threat cannot be immediately carried out.
C) D has assaulted V because he has threatened imminent harm.
D) D has assaulted V because V will fear violence at some point in the future.

Answer 2

B

Question 3

D, a stalker, telephones V and threatens that he will be at her door in an hour. V suffers psychological harm:

A) D has assaulted V, because the need for immediate fear is irrelevant.
B) D has assaulted V, because V fears the possibility of immediate violence.
C) D has not assaulted V psychically because there is too great a delay between the telephone call and threatened harm.
D) D has not assaulted V because she has not been physically harmed.

Answer 3

C

Question 4

As a joke, D approaches V from behind and says, "Your money or your life!" Which of the following represents the law:

A) D has not assaulted V because he did not intend V to apprehend immediate violence.
B) D has not assaulted V because he did not foresee that V would apprehend immediate violence.
C) D has assaulted V because he intentionally threatened or at least foresaw that V might apprehend immediate violence.
D) D has assaulted V because a reasonable person would have foreseen that V would apprehend immediate violence.

Question 5

D punches a woman who is holding a baby, causing the baby to fall to the ground and suffer minor harm. D will be guilty of:

A) No battery because D did not use a weapon.
B) An assault on the baby by causing the mother to apprehend violence.
C) No offence against the baby because he did not hit it.
D) A battery against the baby because force does not need to be directly applied to the victim.

Question 6

D cuts off a substantial amount of V's hair. Which of the following represents D's position:

A) D may be guilty of ABH because hair is an attribute and part of the human body.
B) D commits no offence because he has not made physical contact with V's body.
C) D has abused V.
D) D has committed no assault because hair is dead tissue and therefore cannot be the subject of an offence relating to bodily harm.

Question 7

In the course of giving V a lift in his car, D pulls off V's coat against her wishes. She jumps from the car and breaks an ankle. Which of the following represents the law:

A) D commits no offence because V's injury is self-inflicted.
B) D commits ABH because he assaults/batters V. Her escape from danger is reasonable and a natural consequence of D's assault. Therefore he is the cause of V's harm.
C) D commits no offence because he did not intend or foresee ABH.
D) D commits no offence of ABH because he did not commit an assault or battery.

Question 8

Psychiatric illness cannot amount to 'bodily harm' in respect of which of the following offences:

A) Assault
B) Battery
C) S47 OAPA 1861
D) S20 OAPA 1861

Question 9

Injuries contrary to s47/s20/s18 OAPA 1861 can never be consented to in which of the following:

A) Rough, undisciplined horseplay
B) Pain deliberately inflicted for sexual gratification
C) Reasonable surgical interference
D) Sport

Question 10

The significance of Dica [2004] is as follows:

A) The reckless transmission of HIV/Aids where health status has been concealed amounts to s20 OAPA 1861, and whether or not V consented to disease transmission is a question of fact.
B) The intentional transmission of HIV/Aids amounts to s18 OAPA 1861 and cannot be consented to.
C) Consent to unprotected sexual intercourse implies consent to all the risks.
D) The reckless transmission of HIV/Aids during consensual sexual intercourse where state of health has been concealed amounts to rape.