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ALevel Law > 7- Non Fatal Offences Against the Person > Flashcards

7- Non Fatal Offences Against the Person Flashcards

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1
Q

Maxime time for ABH?

A

5 years

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2
Q

Maximum time for S20 wounding or GBH?

A

5 years

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3
Q

Maximun time for S18 wounding or GBH?

A

Life

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4
Q

Common element - Unlawful

A

Each of the NFOAPs require the personal violence or application of force to be unlawful.

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5
Q

Self defence/Prevention of crime

A

S.3 Criminal Law Act 1967

A person may use such force as is reasonable in the circumstances in the prevention of crime or to resist arrest

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6
Q

Consent

A

A-G ref no 6 1980 – A person can only consent to an assault and battery (not ABH, GBH or wounding)

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7
Q

What does assault mean?

A

MPC v Fagan 1969
“An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence”

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8
Q

What is the punishment for assault?

A

Max six months imprisonment

S.39 Criminal Justice Act 1988

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9
Q

What the elements of assault- actus reus?

A
  1. V apprehends
  2. V’s apprehension must be caused by D’s act or omission.
  3. Immediate.
  4. Unlawful personal violence
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10
Q

What is element assault- Mens reu?

A
  1. Intention to cause v to apprehend immediate unlawful personal violence or
  2. Reckless as to whether v apprehends immediate unlawful personal violence
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11
Q

Actus reus- 1. Apprehend

A

Apprehend means to be aware of or anticipate rather than being put in fear

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12
Q

Actus reus 2. D’s act or omission which causes v to apprehend

A

Generally an assault will be committed by an act rather than an omission.
Both factual and legal causation must be established.

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13
Q

Actus reas- 3. Immediate

A

There is no assault if the threat amounts to future violence eg

“I’m going to kill you next week.”

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14
Q

Mens rea assault

A

The mens rea is present where the defendant has intention or is reckless as to the victim apprehending immediate unlawful personal violence

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15
Q

What does Battery mean?

A

An act by which the defendant intentionally or recklessly applies unlawful physical force to another person

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16
Q

What is the punishment for Battery?

A

Max 6 months

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17
Q

Elements of battery- Actus reas

A

Application of
unlawful physical force
by d on v

18
Q

Elements of battary- mens rea

A

Intention as to the application of unlawful physical force or
Reckless as to the application of unlawful physical force

19
Q

Actus reus 1 - Application

A

The application of unlawful physical force need not be direct

20
Q

Actus reus 2- Unlawful physical force

A

“Any touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive”

21
Q

Mens rea

A

Intention as to the application of unlawful physical force or
Cunningham reckless as to whether such force will be applied

22
Q

ABH

A

S.47 OAPA 1861
“it is an offence to commit any assault occasioning actual bodily harm”
This offence is triable either way and carries a maximum penalty of 5 years imprisonment.

23
Q

Elements of ABH- actus reas?

A
  1. Assault or battery
  2. Which causes
  3. Actual bodily harm
24
Q

Elements of ABH - Mens rea

A

Intention to commit the assault or battery

Reckless as to whether an assault or battery will result

25
Q

Abh Actus reas - 1.assault or battary

A

All elements of either an assault or a battery must be present

26
Q

ABH Actus reas- 2.causation

A

Factual causation must be applied and legal causation may also be relevant (See causation hand out)

27
Q

ABH Actus- 3.Bodily harm

A

R v Miller 1954
Definition:
“Any hurt or injury calculated to interfere with the comfort of the victim”

28
Q

ABH - Psychiatric injury

A

R v Chan- Fook 1994
Mere feelings of fear and panic are not sufficient.
There must be some clinically recognised condition

29
Q

Mens rea- ABH

A

Intention to commit the assault or battery or

Reckless as to whether an assault or battery will result

30
Q

S.20 OAPA 1861

A

“whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanour”

31
Q

Elements of GBH s.20- Actrus reas

A
  1. D unlawfully inflicts
  2. a wound or GBH
  3. on another person
32
Q

Elements of GBH S.20- mens rea

A

Intention or recklessness to cause some harm

33
Q

GBH Actus rea S.20- Inflict

A

R v Burstow 1997
Inflict simply means cause
Both factual and legal causation must be established

34
Q

GBH actus reas S.20- wound

A

To constitute a wound the continuity of the skin must be broken Moriarty v Brookes 1834
A scratch or graze which does not pierce all 7 layers is insufficient McLoughlan 1836
An internal rupture of blood vessels will not be classed as a wound C (a Minor) v Eisenhower 1984

35
Q

S.20 Mens reas

A

D must have the intention to cause some harm

or be reckless (Cunningham) as to whether some harm is caused

36
Q

S.18 OAPA 1861

A

whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of a felony

37
Q

Actus reas - GBH

A

All elements of the actus reus for s18 are the same as for s.20 except the wounding or GBH can be committed on any person rather than on any other person.
This means a person can be criminally liable for inflicting wounds or serious harm on themselves.

38
Q

Elements GBH S.18- Actus reas

A

Unlawfully wound or cause GBH to any person.

39
Q

Elements GBH S.18- Mens rea

A

Intention to cause really serious harm Or Intention to resist arrest or prevent the lawful detainer of persons and either:
a) Intent to cause really serious harm
or
b) Reckless as to whether really serious harm will result.

40
Q

Actus reas- GBH S.18

A 
All elements (and definitions) of the actus reus for s18 are the same as for s.20 except the wounding or GBH can be committed on any person rather than on any other person.
This means a person can be criminally liable for inflicting wounds or serious harm on themselves.

ALevel Law (4 decks)

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