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Law > 1B Non fatal offences against the person (complete) > Flashcards

1B Non fatal offences against the person (complete) Flashcards

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1
Q

AR of assault

A

An act which makes the victim fear the immediate and unlawful use of force against them.

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2
Q

Cases for the AR of assault

A

Constanza, Ireland, Tuberville v Savage, Smith v Woking Police Station

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3
Q

Ratio of Constanza

A

Words alone can amount to assault

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4
Q

Ratio of Ireland

A

Silence can amount to assault

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5
Q

Ratio of Tuberville v Savage

A

Words can negate an assault

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6
Q

Ratio of Smith v Chief Superintendent, Woking Police Station

A

Even with the window closed, the victim apprehended physical attacks in the imminent future which was enough

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7
Q

MR of assault

A

Intention or subjective recklessness as to causing the victim to apprehend the immediate and unlawful use of force.

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8
Q

Cases for the MR of assault

A

Logdon, Mohan, Woollin, Cunningham

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9
Q

Ratio of Mohan

A

Direct intent- a decision to bring about, if it lies within the accused’s power, no matter whether the accused desired the consequence or not.

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10
Q

Ratio of Woollin

A

Oblique intent- the court will infer intent if the consequence is a virtually certain result and the defendant knows this.

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11
Q

Ratio of Cunningham

A

Recklessness (an unjustified risk)- the defendant foresaw the risk and proceeded anyway.

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12
Q

Ratio of Logdon

A

V feared the immediate use of physical force and the D had, at least, been reckless in this occuring, it didn’t matter that the gun wasn’t real as the V believed it was.

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13
Q

AR of battery

A

The application of unlawful force on V.

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14
Q

Cases for the AR of battery

A

Faulkner v Talbot, Collins v Willcock, Thomas, DPP v Khan, Fagan

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15
Q

Ratio of Faulkner v Talbot

A

Any unlawful physical contact can amount to battery, a mere touch is sufficient.

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16
Q

Ratio of Collins v Willcock

A

‘Everyday allowances have to be made for the exigencies of everyday life’ (Goff LJ)

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17
Q

Ratio of Thomas

A

The slightest touch constitutes a battery, even if no application of ‘force’ occured.

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18
Q

Ratio of DPP v Khan

A

Indirect application of force can constitute a battery.

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19
Q

Ratio of Fagan

A

Battery cannot be committed through an omission.

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20
Q

MR of battery

A

Intention or subjective recklessness as to applying unlawful force.

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21
Q

Cases for the MR of battery

A

Mohan, Woollin, Cunningham

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22
Q

AR of s.47 OAPA 1861

A

Causing the victim to apprehend the immediate application of unlawful force or violence OR the application of unlawful force occasioning actual bodily harm (ABH).

23
Q

Cases for s.47/ABH

A

Miller, Chan-Fook, T v DPP, Smith, R v D

24
Q

Ratio of Miller

A

ABH is “any hurt or injury calculated to interfere with the health or comfort of the victim”.

25
Q

Ratio of Chan-Fook

A

‘Actual’ is defined as “not to be so trivial as to be insignificant”.

26
Q

Ratio of T v DPP

A

Momentary loss of consciousness= ABH (if longer then it is s.20).

27
Q

Ratio of Smith

A

Harm doesn’t necessarily mean pain, cutting off a ponytail can equal ABH.

28
Q

Ratio of R v D

A

ABH includes psychiatric harm. Further shown by Contanza and Ireland.

29
Q

MR of s.47/ABH

A

Intention or subjective recklessness as to causing the victim to apprehend the immediate application of unlawful physical force or the application of unlawful physical force.

30
Q

Cases for the MR of s.47/ABH

A

Roberts, Savage

31
Q

Ratio of Roberts

A

The defendant doesn’t have to foresee the harm, the D had the MR to cause battery, and the subsequent injuries were a result of his act. There doesn’t need to be a separate MR for ABH.

32
Q

Ratio of Savage

A

D doesn’t have to foresee the actual harm. The MR for battery is sufficient.

33
Q

AR for s.20 OAPA 1861

A

To unlawfully wound or inflict any grievous bodily harm (GBH).

34
Q

Cases for the AR of s.20/GBH

A

Martin, Burstow, Saunders, Brown and Stratton, Bollom, Dica, Eisenhower

35
Q

How can GBH/a wound be inflicted?

A

Direct or indirect (Martin) application of force and no force (Burstow).

36
Q

Ratio of Martin

A

Although D didn’t have a specific target, by shouting fire and blocking the door, he indirectly applied force.

37
Q

Ratio of Burstow

A

GBH can be inflicted via no force, for example, psychiatric harm.

38
Q

Ratio of Saunders

A

GBH means “serious harm”

39
Q

Ratio of Brown and Stratton

A

A collection of injuries in combination can amount to GBH.

40
Q

Ratio of Bollom

A

The characteristics of the victim should be considered.

41
Q

Ratio of Dica

A

Biological harm can amount to GBH.

42
Q

What constitutes wounding?

A

A breaking of both layers of the skin (Eisenhower).

43
Q

Ratio of Eisenhower

A

The injury wasn’t sufficient to constitute a wounding because both layers f the skin hadn’t been broken.

44
Q

MR of s.20/GBH

A

“Maliciously”= intention or recklessness as to causing some harm.

45
Q

Cases for the MR of s.20/GBH

A

Mowatt, Mohan, Woollin, Cunningham

46
Q

Ratio of Mowatt

A

It is enough to have foreseen some physical harm.

47
Q

AR of s.18 OAPA 1861

A

To cause unlawful wounding or cause GBH.

48
Q

MR of s.18 OAPA 1861

A

Specific intention to cause GBH or specific intention t resist arrest.

49
Q

Cases for the MR of s.18

A

Belfon, Taylor, Morrison

50
Q

Ratio of Belfon

A

Although he had foreseen the risk, it couldn’t be proved that he had the specific intent so it was dropped to a s.20.

51
Q

Ratio of Taylor

A

An intention to wound was not sufficient for the MR of s.18.

52
Q

Ratio of Morrison

A

Where defendants resist arrest, the MR requirement is lower, they only need to prove he was reckless as to whether his actions would cause a wound or injury.

53
Q

Maximum sentences

A

Assault and battery= 6 months
S.47 and s.20= 5 years
S.18= life

Law (16 decks)

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