assaults Flashcards

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1
Q

order of offences

A
assaults 
battery 
actual bodily harm S.47
wounding & inflicting GBH S.20
wounding & causing GBH with intent S.18
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2
Q

assault AR & MR

A

AR - an act which causes V to apprehend immediate personal violence (IPV)
MR - intent/ SR to cause the IPV

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3
Q

R v St George

A

D pulled gun out on V, before he could shoot a 3rd party intervened
guilty - apprehension of IPV

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4
Q

Stephen v Myers

A

D went to hit V, 3rd party intervened

guilty - apprehension of IPV - irrelevant if 3rd party intervened

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5
Q

Lamb

A

playing with a revolver - D shot and killed V

not guilty - no IPV from the victim

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6
Q

Logdon

A

workmate showed V a gun

guilty - V had IPV, irrelevant the gun was a replica

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7
Q

Smith

A

watched V through the window in the garden

guilty - IPV, test to convict (as he was outside). The fear was immediate to V.

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8
Q

Constanza

A

D wrote 800 letters and made several phone calls
guilty - S.47 ABH - IPV
test made for today - fear was immediate to V not excluding the near future

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9
Q

Tuberville v Savage

A

threatened with sword - judges were in town so he wouldn’t attack
not guilty - not IPV as words negated

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10
Q

Battery AR & MR

A

AR - application of force indirect or direct

MR - intent or SR for the unlawful force

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11
Q

Collins v Wilcock

A

PC grabbed V, who he thought was a prostitute

guilty - PC used unlawful force

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12
Q

Thomas

A

caretaker touched a girls skirt

guilty - unlawful force, COA - touching the girls clothes is the same as touching the girl

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13
Q

DPP v K

A

sulphuric acid in hand dryer

guilty - indirect unlawful force

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14
Q

Martin

A

D blocked theatre exits shouting fire

guilty - indirect unlawful force led to S.20 conviction

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15
Q

Haystead

A

D attacked woman holding a baby, baby fell on the floor

guilty - direct unlawful force on the mum - indirect unlawful force on the baby

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16
Q

Bermudez

A

police search, pricked with needle

guilty - S.47 ABH due to the failure to inform the PC

17
Q

Venna

A

D lashed out fracturing the PCs hand

guilty of S.47 - COA confirmed MR for battery , ‘D must intend or be reckless as to applying force to another person’

18
Q

ABH S.47 - AR & MR

A

AR - assault/battery + ABH injuries

MR - intent / SR for assault/battery

19
Q

Donavon

A

the injury must be more than transient (comes and goes) or trifling (extremely minor)

20
Q

Miller

A

the injury interferes with the health or comfort of the victim

21
Q

T v DPP

A

D kicked V who lost consciousness

guilty - S.47 transient but more than trifling

22
Q

DPP v Smith

A

couple had an argument, cut pony tail off - no permission

guilty - ABH as it was a sufficent amount so classed as bodily harm

23
Q

Chan Fook

A

accused of stealing jewellery - V felt embarrassed
COA - not guilty, emotion isn’t psychiatric
Obiter - future cases psychiatric injuries could amount to ABH

24
Q

Ireland

A

made a large number of phone calls to 3 women causing them to develop psychiatric illnesses
guilty - S.47 first case that included psychiatric disorders in ABH

25
Q

Roberts

A

car lift to a girl, attempted assault causing her to jump out of the car
guilty - S.47 D didn’t need to intend or forsee injuries

26
Q

GBH - AR & MR

A

AR - GBH ‘really serious harm’, wounding ‘any breakage of both layers of the skin’
MR - S.20 intent/SR some harm - S.18 intent only for GBH/resist arrest

27
Q

Bollom

A

step dad assaulted a baby (bruises on body and legs)
guilty - S.18 GBH with intent - COA held that the age of the victim is relevant when deciding if the injuries are sufficent

28
Q

Brown and Stratton

A

beaten father who had gone under gender reassignment - multiple injuries
guilty of S.18 GBH - COA held that a combo of injuries could amount to GBH

29
Q

Burstow

A

D harassed V for 8 months (condoms on grass) - caused her to have severe depression
guilty of S.20 GBH first psychological GBH case - cause and inflict are the same

30
Q

Dica

A

aware he was HIV positive, slept with 2 woman

guilty of S.20 GBH COA overruled Clarence that consenting to sex was not an automatic acceptance of infections

31
Q

Eisenhower

A

shot in the eye with a shotgun pellet

charged wrongly with wounding but there was no skin broken should of been GBH

32
Q

Grimshaw

A

d pushed glass glass into the victims face
TJ objective test, should d have forseen harm
COA should of been subjective did D forsee the risk of some harm

33
Q

Parmenter

A

dad threw his baby into the air and then caught him
not guilty of GBH as he didn’t forsee injury
HOL guilty of S.47 D didn’t need to forsee GBH or wounding but must forsee any harm

34
Q

DPP v A

A

playing with air pistols shooting below the knee - V shot in the eye
guilty - D foresaw some harm it was irrelevant it was different harm

35
Q

Morrison

A

D threw PC through a window - PC was badly injured

guilty of S.18 - he had intent to resist whilst been reckless to PCs injuries