assualts Flashcards
what is S18 Offences agains persons act 1861
Wounding or causing GBH with intent
what is s20 OAPA 1861
Wounding or inflicting gbh
what is the full offence of s20
Unlawfully wounding or inflicting GBH with the intention or wsa reckless to some harm
what is the actus reus for s20
Unlawfully wounding or inflicting GBH
what does the case of DPP v Smith
GBH = really serious harm
in the case of Hill what does it say
whether V’s injury amount to GBH is a question of fact for the jury
what was the decision made in the case of Bollon
impact injuries on particular victims should be taken into account
examples of really serious injuries
injuries that result into permanent disability
broken/displace limbs or bones
substantial loss of blood
serious psychiatric injury
what is the mens rea for s20
Maliciously towards some harm - intention or cunningham recklessness
what does the case of Mowatt say
it is enough for D to foresee that some harm might result
what is direct intention
d’s aim/purpose
what is oblique intention
woolin virtual certainty test
1 - was some harm virtually certain as a result of D’s action
2 - Did D appreciate that was the case
what is recklessness
cunningham recklessness
1 - was d aware that there was a risk that their conduct might cause some harm
2 - was the risk an unreasonable one based on the circumstance known to D?
what is the AR of s18
unlawfully wounding or causing GBH - CAUSATION
what is the MR of S18
Intention of causing GBH or resist or prevent the lawful apprehension or detention of any person
what can consent apply
what the consent of the victim is a defence to a common assault or battery and not anything above abh or more unless it falls under the exception categories
exceptional categories for consent
sporting activities, horseplau, dangerous exhibitions, surgery, body art, religious flaggellation, consensual intimate acts etc
when is consent never a defence
where V has died.
what happened in the case of barnes
sporting consent allowed
what happened in the case of R v Dica
consented to unprotected sex but did not consent impliedly to the risk of HIV
S39 CJA includes what two offences
common assault and batter
what offence is s47 OAPA
Actual bodily harm
what is the full offence of common assault
An act that causes v to apprehend imminent unlawful force with the intention or recklesslessness to
what is the actus reus of common assualt
the act causing v to apprehend imminent unlawful force
what does the case of fagan say
a common assault cannot be commmited by an omission
what happened in the case of ireland
the court held that words alone can amount to an assault silence as well
what did the case of tuberville v savage say
words indicating there will be no violence may prevent an act from being an assault
what happened in the case of smithg v woking police
d looks through v’s window at night, causing fear is assault
what happened in the case of constanza
writing in letters could be the basis of common assualt
what is the case venna used for
the intetion for assault
what is the case spratt used for
recklessness for assault
what is the full offence of battery
an application of unlawful force by d upon v with the intention or recklessness to the use of force
what is the actus reus for batter
application of unlawful force by upon v
what did the courts say in the case of collins v wilcock
everyday touching is not a batter
what does the case of faulkner v talbot say
touch need not be hostile, rude or agressive
what happened in the case of haystead
d convicted of abtter agasinte a baby
what is the mens rea for batter
intention to apply unlawful force or recklessness as to whether such force might be appleid - venna
what is the full offence of s47
Common assault or battery occasioning (causing v to suffer) from actual bodily harm with the intetnion or recklessness to that common assault or abtterq
what is the actus reus of abh
the actus reus for the assualt or battery occasioning abh
what does the case of chan-fook define
‘harm’- there must be some injury
‘actual’ - more than merely trivial
can psychaitric injury amount to abh
yes, if it involves medical conditions - confirmed in ireland
what does occasion mean
cause
what is th mens rea for abh
the mens rea for abh is the ame for the common or atter that has occasioned the ABH
