all cases for offences against a person Flashcards
what is the act that addresses assault and battery and what section
s.39 of the Criminal Justice Act 1988
what case established the MR and AR for assault
Venna
the intentional or reckless causing of someone to feel that immediate unlawful violence will be used against them
what case defined common assault
nelson
what case established direct intent
mohan
what case established recklessness
cunningham
what is a case for assault occasioning abh involving silent phone calls
ireland
case for assault involving love letters
constanza
case for assault involving the requirement of immediacy
tuberville v savage
what is the definition of battery
the reckless or intentional application of unlawful force
what is the case for battery involving a skirt
thomas- touching clothes whilst somebody is wearing them is akin to directly touching the person
what is the case for indirect battery by acid in a hand dryer
K v DDP
what is the case for battery involving driving over someones foot
fagan- only a battery because officer was wearing metal topped boots so did not sustain injury
which section of what act establishes ABH
s.47 Offences Against a Person Act 1861
what is the leading case that described the injury required for ABH
Chan Fook
- minor injury
- no degree of permanency and easily treatable
- physical or psychiatric
- mere emotion will not suffice
what is the case that gave a more vague definition of abh
miller- anything that interferes with the health or comfort of the victim
what is the MR for abh
the mens rea for the assault or battery that occasioned it, so intention or recklessness
what is the AR for ABH
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
what is a case for abh involving psychiatric injury
ireland
what is a case for abh involving cutting someones ponytail
smith
what is the case for abh involving losing consciousness
T v DDP
what case established that s.20 and s.18 GBH share the same AR
Burstow
what is the case that said wounds for GBH must break the skin
eisenhower
case that said wounds for gbh must break both layers of the skin
Wood- superficial scratches and cuts will not suffice
case that established serious injury for gbh
saunders
case that saw transmitting HIV as a gbh
dica
case where the courts confirmed that they would consider the victims age and health when assessing the seriousness of an injury
bollum
case where an accumulation of less serious injuries was a gbh
brown and stratton
what is the MR for s.20 GBH
intent or recklessness to inflict some harm
what is the MR for s.18 gbh
intention to cause serious harm
case where judge mislead the jury on the MR for s.18 gbh
taylor
