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A level Law: Criminal Law > 2.5 Non-fatal offences against a person > Flashcards

2.5 Non-fatal offences against a person Flashcards

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1
Q

Assault

Actus reus

A

Any act the makes victim fear imidiate infliction of unlawful force

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2
Q

Assault

Mens rea

A

Intention to create fear, or subjective recklessness

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3
Q

Assault

What sentence does this crime carry

A

Maximum of 6 months imprisonment

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4
Q

Assault

What type of offence is Assault

A

Summary offence, only triable in the Magistrates court

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5
Q

Assault

Case illustrating the law

A

Smith v Woking Police

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6
Q

Assault

Smith v Woking police (1983) facts

A

D peaked throught a window of a young women’s house, when the women saw him she screamed and phoned the police

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7
Q

Assault

Held in Smith v Woking police (1983)

A

D was charged with assault as the victim feared ‘immediate’ danger

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8
Q

Assault

Point of law in smith v woking police (1983)

A

Act doesn’t have to be dangerous, just have to make victim fear danger

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9
Q

Assault

Possible defences for assault

A

Consent, insanity, automatism, intoxication and self defence

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10
Q

Battery

Define battery

A

The defendant intentionally or recklesslly applies unlawful force upon the victim

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11
Q

Battery

Actus reus

A

Application of unawful physical force

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12
Q

Battery

Mens rea

A

Intention to apply, or recklessness as to whetehr unlawful force will be applied

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13
Q

Battery

What sentence does this crime carry

A

Maximum of 6 months imprisonment

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14
Q

Battery

What type of offence is Battery

A

Summary offence, only triable in the Magistrates court

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15
Q

Battery

Case showing ‘recklessness’

A

R v Pamenter

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16
Q

Battery

Facts of R v Pamenter

A

D was holding a baby heavily handed, this caused the baby to suffer injuries

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17
Q

Battery

Held in R v Pamenter

A

Fulfilled the mens rea for battery

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18
Q

Battery

Point of law in R v Pamenter

A

It’s necessary to establish that D appreciated the risk. It’s not sufficient that he should have foreseen the risk

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19
Q

Battery

Case for ‘application’ (mens rea)

A

Collins v Willcocks

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20
Q

Battery

Facts of Collins v Willcocks

A

2 officers thought women was soliciting for prostitution, when she walked away the officers grabbed her arm

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21
Q

Battery

Held in Collins v Willcocks

A

Officer had committed battery on the women

22
Q

Battery

Point of law in Collins v Willcocks

A

Any touching of another person, however slight, may amount to battery

23
Q

Battery

Defences to battery

A

Consent, insanity, automatism, intoxication and self defence

24
Q

ABH s.47

Actus reus

A

Any assault or battery that causes actual bodily harm

25
Q

ABH s.47

Mens rea

A

Intention or recklessness as to the assault or battery

26
Q

ABH s.47

What are some examples of what amounts to ABH

A

Psychiatric injury, cutting of hair

  • anything that interferes with health or comfort of the victim
27
Q

ABH s.47

What sentence does this crime carry

A

Maximum of 5 years imprisonment

28
Q

ABH s.47

What type of offence is ABH

A

triable-either-way offence

29
Q

ABH s.47

Case that illustrates ABH

A

R v Roberts (1971)

30
Q

ABH s.47

Facts of R v Roberts

A

Girl jumped out of a moving car trying to excape the sexual advances of the D. She suffered concussions, bruises and cuts

31
Q

ABH s.47

Held in R v Roberts (1971)

A

D had mens rea and actus reus for ABH s.47

32
Q

ABH s.47

Point of law in R v Roberts (1971)

A

D’s assault led to actual bodily harm

33
Q

ABH s.47

Defences applicable to ABH s.47

A

Consent, Insanity, Automatism, Intoxication and Self defence

34
Q

Wounding and GBH s.20

Actus reus

A

Causing unlawful wounding or GBH

35
Q

Wounding and GBH s.20

Mens rea

A

intention to cause or recklessness as to causing some harm

36
Q

Wounding and GBH s.20

What sentence does this crime hold

A

Maximum of 5 years imprisonment

37
Q

Wounding and GBH s.20

What type of offence is s.20

A

Triable-either-way offence

38
Q

Wounding and GBH s.20

Case that illustrates GBH s.20

A

R v Savage (1991)

39
Q

Wounding and GBH s.20

R v Savage (1991) facts

A

D poured a pint over V’s head in the pub, the glass slipped out of her hand and cut the V’s wrist

40
Q

Wounding and GBH s.20

Held in R v Savage (1991)

A

D fulfilled mens rea for s.20

41
Q

Wounding and GBH s.20

Point of law in R v Savage (1991)

A

Not necessary to demonstrate the D had mens rea in relation to level of harm inflicted.
- sufficient that intended or could foresee some harm will result

42
Q

Wounding and GBH s.20

Defences applicable to s.20

A

Consent, Insanity, Automatism, Intoxication and Self defence

43
Q

Wounding and GBH s.18

Actus reus

A

Causing unlawful wounding and GBH

44
Q

Wounding and GBH s.18

Mens rea

A

Intention to cause serious GBH or intention to resist arrest

45
Q

Wounding and GBH s.18

What sentence does this crime hold

A

Maximum life sentence

46
Q

Wounding and GBH s.18

What type of offence is s.18

A

Triable-either-way

47
Q

Wounding and GBH s.18

Case that illustrates s.18

A

R v Nedrick

48
Q

Wounding and GBH s.18

Facts of R v Nedrick

A

D had a grudge against this women, he poured petrol through her letter box and lit it on fire. Caused a child to die

49
Q

Wounding and GBH s.18

Held in R v Nedrick

A

D found guilty of murder but appealed on a misdirection of the jury

  • appeal was allowed
50
Q

Wounding and GBH s.18

Point of law in R v Nedrick

A

Jury not allowed to infer intention unless death of serious bodily harm was a certainty of D’s action and D knew it

A level Law: Criminal Law (16 decks)

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