all cases for offences against a person Flashcards

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1
Q

what is the act that addresses assault and battery and what section

A

s.39 of the Criminal Justice Act 1988

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2
Q

what case established the MR and AR for assault

A

Venna

the intentional or reckless causing of someone to feel that immediate unlawful violence will be used against them

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3
Q

what case defined common assault

A

nelson

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4
Q

what case established direct intent

A

mohan

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5
Q

what case established recklessness

A

cunningham

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6
Q

what is a case for assault occasioning abh involving silent phone calls

A

ireland

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7
Q

case for assault involving love letters

A

constanza

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8
Q

case for assault involving the requirement of immediacy

A

tuberville v savage

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9
Q

what is the definition of battery

A

the reckless or intentional application of unlawful force

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10
Q

what is the case for battery involving a skirt

A

thomas- touching clothes whilst somebody is wearing them is akin to directly touching the person

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11
Q

what is the case for indirect battery by acid in a hand dryer

A

K v DDP

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12
Q

what is the case for battery involving driving over someones foot

A

fagan- only a battery because officer was wearing metal topped boots so did not sustain injury

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13
Q

which section of what act establishes ABH

A

s.47 Offences Against a Person Act 1861

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14
Q

what is the leading case that described the injury required for ABH

A

Chan Fook

  • minor injury
  • no degree of permanency and easily treatable
  • physical or psychiatric
  • mere emotion will not suffice
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15
Q

what is the case that gave a more vague definition of abh

A

miller- anything that interferes with the health or comfort of the victim

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16
Q

what is the MR for abh

A

the mens rea for the assault or battery that occasioned it, so intention or recklessness

17
Q

what is the AR for ABH

A

the actus reus for the assault or battery that occasioned it so causing someone to fear that immediate unlawful violence will be used against them or the application of unlawful force

18
Q

what is a case for abh involving psychiatric injury

A

ireland

19
Q

what is a case for abh involving cutting someones ponytail

A

smith

20
Q

what is the case for abh involving losing consciousness

A

T v DDP

21
Q

what case established that s.20 and s.18 GBH share the same AR

A

Burstow

22
Q

what is the case that said wounds for GBH must break the skin

A

eisenhower

23
Q

case that said wounds for gbh must break both layers of the skin

A

Wood- superficial scratches and cuts will not suffice

24
Q

case that established serious injury for gbh

A

saunders

25
Q

case that saw transmitting HIV as a gbh

A

dica

26
Q

case where the courts confirmed that they would consider the victims age and health when assessing the seriousness of an injury

A

bollum

27
Q

case where an accumulation of less serious injuries was a gbh

A

brown and stratton

28
Q

what is the MR for s.20 GBH

A

intent or recklessness to inflict some harm

29
Q

what is the MR for s.18 gbh

A

intention to cause serious harm

30
Q

case where judge mislead the jury on the MR for s.18 gbh

A

taylor