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A Level Law > Assault+Battery P1 Sec B > Flashcards

Assault+Battery P1 Sec B Flashcards

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1
Q

What is assault

A

Scaring someone with no physical contact

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2
Q

What is the actus reus of assault

A

Causing the victim to apprehend immediate unlawful force

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3
Q

What are examples of things that could be threatening

A

Raising weapon
Raising fists
Verbal assault
Notes
Stalking

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4
Q

What happens in Read v Coker

A

D and his gang surround V rolling up their sleeves and making V feel like they were going to attack him

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5
Q

What is the legal principle in Read v Coker

A

Gestures/physical actions can be an assault

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6
Q

What happens in R v Ireland

A

D made a large amount of phone calls to to three women where when they answered he sat in silence whilst heavily breathing

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7
Q

What is the legal principle in R v Ireland

A

Spoken words and silence can be assault

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8
Q

What happens in R v Contanza

A

D made a campaign of hate against an ex worker college over 20 months where he sent 800 threatening letters
D argued words alone could not be an assault

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9
Q

What is the legal principle for R v Constanza

A

Sending notes with words can be an assault

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10
Q

How can you write threats in the modern world

A

Email
Texts
Social media

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11
Q

What does it mean to apprehend force

A

Anticipate/expect force will be used

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12
Q

How might a victim react if they apprehend force from a defendant

A

Shake
Scream
Sweat
Run away

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13
Q

What happens in DPP v Logdon

A

D points a fake gun at woman and she was terrified

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14
Q

What is the legal principle for DPP v Logdon

A

It is possible for V to apprehend force even if the use of force is not possible (as long as V believes it’s possible)

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15
Q

What happened in Smith v Chief Constable of Woking

A

Defendant peered through woman’s home late at night and she saw him and started screaming to which he didn’t move and kept staring

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16
Q

What is the legal principle for Smith V Chief Constable of Woking

A

If V can apprehend force in the near future then it’s still an assault

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17
Q

What is the men’s Rea of assault

A

Direct intention or recklessness as to causing V to apprehend immediate unlawful force

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18
Q

What is battery

A

Physical contact with no injury

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19
Q

What is the actus reus of battery

A

Applying unlawful force to another involving physical contact but no injury

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20
Q

Give some examples of battery

A

Punching
Kicking
Pushing
Spitting

21
Q

What happens in R v Thomas

A

School care taker convicted of indecent assault after touching hem of 12 year old girls skirt

22
Q

What does R v Thomas tell us about force

A

Even the lightest touch can be force

23
Q

What does R v Thomas tell us about touching a persons clothing

A

Touching someone’s clothes is the same as touching the person themselves

24
Q

What happens in Wilson v Pringle

A

Defendant who’s a school boy grabs victims bag from Vs shoulder causing V to lose balance and fall over

25
Q

What is the legal principle for Wilson v Pringle

A

For a battery the contact must prove to be hostile

26
Q

What is meant by hostile

A

Unwanted or aggressive

27
Q

Why was the force in Wilson v Pringle not hostile

A

They did it for fun and are friends so courts said that the force here was horseplay

28
Q

Which situations is force NOT unlawful

A

Sports e.g boxing,football,martial arts,rugby

29
Q

Give examples of ‘ordinary jostlings of everyday life, being not unlawful to which u have to consent to be in

A

Super market
Public transport
Corridors

30
Q

What is the legal principle about force from Fagan V MPC

A

Force can be applied via a continuing act

31
Q

What is the legal principle about force in DPP V K

A

force can be applied indirectly via an object

32
Q

What is the legal principle for DPP vs Santana Bermudez

A

Force can be applied by an omission but only where D has a duty to act and fails to perform that duty

33
Q

What is the men’s Rea of battery

A

Either intention or recklessness to apply unlawful force to another person

34
Q

Where is ABH defined

A

Section 47 of the offences against the person act 1861

35
Q

What is the actus reus of ABH

A

An assault or a battery which causes ABH to another person

36
Q

What are the 3 elements of the actus reus of this crime

A

Actus reus of assault or battery
V suffers and injury which counts as ABH
Assault/battery causes that injury

37
Q

What are some examples of actual bodily harm

A

Black eye,broken nose,broken finger,broken teeth,bruising,physiological damage

38
Q

What happens in R v Chan Fook

A

D subjected B to questioning about the theft of a ring
D dragged V in a room and locked him in
V feared Ds return and injured himself by jumping out a window in a panic

39
Q

What is legal principle 1 in chain fook

A

ABH is an injury not so trivial as to be insignificant

40
Q

What is legal principle 2 in chain fook

A

Psychiatric harm can be ABH

41
Q

What did chain fook say could not count as an ABH

A

Mere emotions e.g fear,anxiety,panic

42
Q

Give examples of psychiatric injury that can be an ABH

A

Depression,anxiety disorder,OCD,paranoia,sleep disorder,panic attacks

43
Q

What happens in DPP V SMITH

A

D cut off V pony tail with scissors
He was charged with assault osscasioning ABH and was guilty
Bodily is not limited to bodily injury extends to hurt and damage so long as it’s not trivial or insignificant

44
Q

What is the legal principle for DPP v Smith

A

Cutting off a persons hair can amount to ABH

45
Q

Describe T V DPP

A

V was chased by D
V fell to ground and was kicked in head by D which made V briefly black out

46
Q

What is the legal principle for T V DPP

A

Even a short loss of consciousness can be ABH

47
Q

What is the men’s Rea of ABH

A

Same as assault and battery

Assault-Direct intention or recklessness as to cashing the victim to apprehend unlawful force
Battery-Direct intention or recklessness to apply unlawful force to another

48
Q

What happens in R v savage

A

D aims to throw beer over v ,her husbands new gf but d allowed the glass to sleep and accidentally injured V

49
Q

What is the legal principle for R v savage

A

D does not need to intend/ be reckless as to causing ABH to v they just need the men’s Rea of battery or assault

A Level Law (9 decks)

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