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Criminal Law Paper 1 > Assult And Battery > Flashcards

Assult And Battery Flashcards

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1
Q

What is the definition for assault?

A

Intentional or reckless causing of apprehension of immediate unlawful personal violence

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2
Q

What case defined assault?

A

R V Venna

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3
Q

What is a non fatal offence?

A

Offence against a person that does not result in death (Assault)

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4
Q

What did section 39 of the criminal justices act determine about Assault

A

Summary offence
Max = 6 months imprisonment

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5
Q

What does common assault require?

A

An AR and MR
includes assault and battery

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6
Q

What are the four components of the actus reus for assault?

A

Apprehend
Immediate
Unlawful
Personal violence

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7
Q

outline ‘apprehend’ as a component of the A/R of Assult

A

victim need not be in fear but must be aware they are about to be subjected to violence.
Words - negate ‘assault’

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8
Q

what is the case law for ‘apprehend’ as a component of the A/R for assault

A

R V Lamb
words negate assault = Tuberville v Savage

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9
Q

outline ‘immediate’ as a component of the A/R of Assault

A

victim doesn’t know what D is going to do

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10
Q

what is the case law for ‘immediate’ as a component of the A/R for assault

A

Smith v Chief constable of woking

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11
Q

outline ‘unlawful’ as a component of the A/R of Assault

A

no presence of defence

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12
Q

outline ‘personal violence’ as a component of the A/R of Assault

A

Victim needs to apprehend a level of force that amounts to a technical battery.

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13
Q

mens Rea of Assault

A

Intention to cause victim to apprehend immediate unlawful personal violence (Savage)
Being reckless (Cunningham)

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14
Q

What is Battery defined as

A

The intentional/reckless application of unlawful force upon a victim

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15
Q

what is the case law for the definition of Battery

A

R V Ireland

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16
Q

What did section 39 of the criminal justices act determine about Battery

A

common law offence
summary offence
triable either way in magistrates court
max = 6mnths imprisonment

17
Q

what are the 3 components of the A/R of Battery

A

application
unlawful
physical force

18
Q

outline ‘application’ as a component of the A/R of Battery

A

‘Application’ need not be direct

19
Q

what is the case law for ‘application’ as a component of the A/R for Battery

A

DPP V K

20
Q

outline ‘unlawful’ as a component of the A/R of Battery

A

No defence,assault can be lawful if legally justified(self defence)

21
Q

what is the case law for ‘unlawful’ as a component of the A/R for Battery

A

Collins v Wilcock

22
Q

outline ‘physical force’ as a component of the A/R of Battery

A

Any touching will suffice

23
Q

mens Rea of Battery

A

Intention to apply unlawful physical force/ reckless as to whether such force is applied

24
Q

what is the case law for the M/R of Battery

A

R V Parmenter

25
Q

S 47 in the offences against the person act on Assault/Battery occasioning ABH

A

triable either way offence
max = 5 yrs imprisonment

26
Q

what is the actus reus for Assault/Battery occasioning ABH

A

requires an assault or battery which causes actual bodily harm

27
Q

what are the 3 components for the A/R of Assault/Battery occasioning ABH

A

assault/battery
causes
ABH

28
Q

outline ‘Assult/Battery’ as a component of the A/R of assult/battery occasioning ABH

A

Either will suffice - but all elements of assault/battery must be present

29
Q

outline ‘causes’ as a component of the A/R of assult/battery occasioning ABH

A

assault/battery must cause ABH

29
Q

what is the case law for ‘Assault/Battery’ as a component of the A/R for ABH

A

R V Chan-Fook

30
Q

what is the case law for ‘cause’ as a component of the A/R for ABH

A

R V Roberts

31
Q

outline ‘ABH’ as a component of the A/R of assult/battery occasioning ABH

A

Any hurt/injury calculated to interfere with health/comfort of victim (definition)

32
Q

what is the case law for ‘ABH’ as a component of the A/R for ABH

A

R V Miller

33
Q

Mens rea for ABH

A

Intention or reckless (Subjective) as to the assault/battery
No requirement that D intended or was reckless as to the injury inflicted (R V Roberts)

Criminal Law Paper 1 (8 decks)

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