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OCR A-Level Law Paper 1 > 1B - Non Fatal Offences Against The Person > Flashcards

1B - Non Fatal Offences Against The Person Flashcards

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1
Q

Assault and battery are common law offences under which act?

A

s.39 Criminal Justice Act 1988

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2
Q

What kind of offence is assault?

A

Summary offence with a sentence of 6 months

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3
Q

What is the actus reus of assault?

A

Act causing the victim to apprehend immediate unlawful force

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4
Q

What is the mens rea of assault?

A

The intention to cause another to fear immediate unlawful force or being reckless as to whether such fear is caused

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5
Q

Which case an omission (failure to act) was not enough for assault?

A

R v Nelson

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6
Q

Which case showed words can amount to an assault?

A

Constanza

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7
Q

Which case showed silence can amount to an assault?

A

R v Ireland

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8
Q

Which case showed that the victim must fear an unlawful force?

A

R v Lamb

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9
Q

Which case showed that immediate does not have to be instantaneous?

A

Smith v CS of Woking Police Station

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10
Q

What case showed that words can negate actions?

A

Tuberville v Savage

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11
Q

Which case do you contrast with Tuberville v Savage?

A

Light

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12
Q

What cases do you use to support the mens rea of assault?

A

Mohan, Woolin and Cunningham

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13
Q

What kind of offence is battery?

A

Summary offence with a sentence of 6 months

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14
Q

What is the actus reus of battery?

A

The application of unlawful force to another person

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15
Q

What is the mens rea of battery?

A

intending either to apply unlawful force or being reckless as to whether unlawful force is being applied

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16
Q

Which cases show that force and even the slightest touch can be enough to amount to a battery?

A

Collins v Wilcock

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17
Q

Which case shows that even touching a person’s clothing can be assault?

A

R v Thomas

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18
Q

Which case shows that a battery can be by continuing act?

A

Fagan v MPC

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19
Q

Which case shows that the failure to tell if a needle was sufficient for battery?

A

DPP v Santa-Bermudez

20
Q

Which cases show the application of unlawful force can be an indirect act?

A

DPP v K

21
Q

What is the definition of application of unlawful force?

A

genuine consent isn’t given and either express or implied and not in self-defence

22
Q

What are some examples of possible battery’s without there being an assault?

A

Pushing somebody from behind, touching a blind person and if the victim doesn’t think the threat will be carried out

23
Q

Where can the offence of ABH be found?

A

s.47 Offences Against The Person Act 1861

24
Q

What kind of offence is ABH

A

Triable either way offence with a sentence of 5 years

25
Q

How is ABH defined?

A

Whosoever shall be convicted of any assault occasioning actual bodily harm shall be liable to imprisonment for 5 years

26
Q

What is the actus reus of ABH?

A

assault occasioning ABH

27
Q

What is the problem with the actus reus of ABH?

A

There’s no definition of ‘assault’ or ‘bodily harm’ in the actus reus

28
Q

What does assault in s.47 mean?

A

It means common assault - assault or battery

29
Q

What is the mens rea for ABH?

A

It’s the mens rea for the underlying assault or battery

30
Q

What does ‘occasioning’ mean?

A

Causing - normal rules of causation apply

31
Q

How is mens rea for the underlying assault or battery defined for ABH?

A

MR for assault OR MR for battery

There does not need to be any intention or subjective recklessness as to causing harm

32
Q

What is the problem with the mens rea for ABH?

A

Assault alone is about 6 months, but ABH is 5 years. The mens rea is the same even if they didn’t intend to cause harm just apply force. Unfair to the D but fair to the V

33
Q

Where can the offence of GBH be found?

A

Offences against the person act 1861

34
Q

Which section is GBH with intent in?

A

s.18

35
Q

Which section is GBH without intent in?

A

s.20

36
Q

What is the actus reus of s.20 OAPA 1861?

A

to unlawfully wound or inflict GBH

37
Q

What is the difference between s.18 and s.20 OAPA 1861?

A

s.20 says wound or cause whereas s.18 says wound or inflict

38
Q

What does inflict mean?

A

It means ‘causing’ thus meaning the actus reus of s.20 and s.18 are the same and we use the same cases

  • doesn’t need an assault or a battery to cause it (normal rules of causation apply)
  • R v Burstow
39
Q

What is the actus reus of s.18 OAPA 1861?

A

to unlawfully wound or cause any GBH

OR

resist/prevent arrest

40
Q

What is the mens rea of s.18 OAPA 1861?

A

maliciously and intention to do some GBH

OR with intent to resist or prevent the lawful apprehension or detainer of any person

recklessness isn’t enough to satisfy the offence

  • P must prove D’s purpose is to cause GBH (Belfon)
  • intention to wound is not enough (Taylor)
  • P must prove D had intention to resist/prevent arrest but only that he was reckless as to whether his actions would wound or cause injury (Morrison)
41
Q

What is a wound?

A

Cut or break in all layers of skin - ie not a scratch
It can be a break in internal skin eg. bleeding inside the mouth but not internal bleeding. A nose bleed may not be a wound if its a result of internal damage

  • JCC v Eisenhower
42
Q

Mens rea for s.20 OAPA 1861?

A

The intention or subjective recklessness as to causing some harm albeit not serious harm (Parmenter)

‘maliciously’ doesn’t require any ill will (Cunningham)

And there is no need for the D to foresee a risk of wound or serious harm - only some harm

43
Q

Maliciously in s.18 OAPA 1861?

A

Held that maliciously adds nothing where GBH is intended

44
Q

What about resisting arrest in s.18 OAPA 1861?

A

The prosecution must prove D had the intention to resist or prevent arrest but only that he was reckless as to whether his actions would wound or cause an injury

45
Q

What is GBH?

A
  • ‘really serious harm’ DPP v Smith
  • ‘serious harm’ held that ‘serious’ added nothing Saunders
  • take into account V’s age and health Bollom
  • serious psychiatric harm can be GBH Burstow
  • can be disease Dica
  • does not need contact Martin

OCR A-Level Law Paper 1 (43 decks)

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