Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

*ANEW-L-Non-Fatal Offences > Crown Prosecution Charging Standards > Flashcards

Crown Prosecution Charging Standards Flashcards

1
Q

What is the document issued to all Crown Prosecution after deciding on which level of offence to charge?

A

Charging Standards

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does the Charging Standards document set out?

A

the matter that the Crown Prosecution should consider in deciding the level to be charged. This document is not the law on the subject and it can be argued on some occasions prosecutors choose a lower level of offence than what might be strictly available under the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What features make it more appropriate to charge a s.47 offence even though the level of injury is within the list above?

A
  • nature of the assault, such as use of weapon, biting or kicking while victim is on the ground
  • the vulnerability of the victim, such as when the victim is elderly
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are 7 examples of s.47 offence

A
  • loss or breaking of tooth
  • loss of consciousness
  • extensive or multiple bruising
  • broken nose
  • minor fractures
  • minor cuts requiring medical treatment
  • psychiatric injury (more than fear, distress or panic
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Name 4 injuries of GBH

A
  • injury resulting in permanent disability
  • visible disfigurement, broken bones included fractured skull, jaw, ribs etc
  • injuries causing substantial loss of blood
  • injuries resulting in lengthy treatment
  • psychiatric injury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who in pas years have recommended reform on the law on assault?

A
  • Criminal Law Review Committee

- Law Commission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In what year did the Government publish their own proposals for reforming the law, but were never made law?

A

1998

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In which programme did the Law Commission briefly point out some of the main problems with the 1861 Act such as

  • that the Act is widely recognised as out of date
  • there is no clear hierarchy of offences which allow consistency
  • the language used needs modernising and simplifying
A

Eleventh programme

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In the Eleventh programme, the law Commission briefly pointed out some of the main problems with the 1861 Act such as what ? (3)

A
  • that the Act is widely recognised as out of date
  • there is no clear hierarchy of offences which allow consistency
  • the language used needs modernising and simplifying
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How old is the OAPA 1861 Act ?

A

150 years old

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a problem with how old the OAPA 1861 act is?

A

when it was created people did not have the understanding of mental health problems that we have today and so the Act only referred to ‘bodily’ harm and not ‘mental’ harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In which 2 cases was it held that the meaning of bodily harm did include injury to mental health?

A

Chan Fook and Burstow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Other than mental injury what else was not thought of in 1861 in regards to disease?

A

There was only limited understanding of how some diseases were transmitted from person to person. The idea of biological injury such as HIV was unthought of. Courts filled this gap in Dica when it was held that infecting someone with HIV did come within the wording of inflicting GBH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In which case was it held that infecting someone with HIV did come within the wording of inflicting GBH?

A

Dica

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What was the ratio of Dica?

A

where D has infected someone with HIV, this comes within the wording of inflicting GBH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a problem with the inconsistency between offences, meaning that s.47 has the same mens rea as assault and battery?

A

as this does not required D to intend or even realise that there was risk of injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Why is it unjust that s.47 has the same level of mens rea as assault and battery?

A

this is because s.47 carries a maximum sentence of 5 years imprisonment while assault and battery carry out 6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What could a person who causes a small cut be charged under instead of s.47?

A

s.20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How can someone who causes a small cut be charged under the more serious offence of s.20 instead of s.47?

A

this is because s.20 refers to ‘wound or GBH’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How is there an inconsistency between s.47 and s.20?

A

as both have the same maximum sentence of imprisonment (5 years)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How is s.20 clearly more serious than s.47? (2)

A

1) as it requires more serious injury
2) as this requires that D intends or is reckless as to causing V some harm whereas for s.47 it is not necessary to prove that D intended or was reckless as to whether he would cause harm to D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a key inconsistency in the 1861 Act regarding s.18?

A

as a D who intends or foresees the risk of minor injury can be convicted of the very serious offence of s.18 if serious injury occurs when resisting arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What case is an example of when D was charged with s.18 after having caused serious injury while resisting arrest?

A

Morrison

24
Q

What happened in the case of Morrison?

A

D wascharged with s.18 after having caused serious injury while resisting arrest

25
Q

What is a moral issue with s.18?

A

is it right that someone intending to resist arrest is likely to liable for the same offence as someone who has intended to cause very serious injuries

26
Q

What does the word ‘maliciously’ mean in the s.20 act in today’s language and when the Act was written?

A

Now it suggests that D acted deliberately and with ill-will to the victim
In 1861 it meant that D either intended harm or was reckless as to whether that type of harm occurred

27
Q

What has the law commission proposed regarding the issue of the 1861 meaning of ‘maliciously’?

A

that the word ‘reckless’ is also used

28
Q

What is the different word used to differentiate s.20 and s.18, though has little effect?

A

s. 20 uses the word ‘inflict’

s. 18 uses the word ‘cause’

29
Q

What case held that s.20 ‘inflict’ meant that the offence did not have to be just a technical assault ?

A

Burstow

30
Q

What was the position about the structure of the 1998 Government Consultation Document?

A

it was in descending order of seriousness rather than the unorganised state of the 1861 Act

31
Q

What is a positive about the Government’s 1998 Consultation Paper in regards to mens rea?

A

in each of the sections of this draft bill, the level of injury and required mens rea are made clear by wording

32
Q

In regards to injury, how did the Government’s 1998 Consultation Paper rectify a problem in the present law?

A

it defined the word injury, making it clear that both physical and mental injury were included. The word “wounding” is not used. This means that a serious cut would be considered serious injury and a small cut would mean minor injury

33
Q

How did the Law Commission go further than the Government’s 1998 Consultation Paper in regards to injury?

A

it included both physical and mental injury, and defined both of these

34
Q

What year did the Law Commission announce its Eleventh Programme which had intended to reconsider how the law on non-fatal offences against the person should be reformed?

A

2011

35
Q

What is a problem with the language?

A

its archaic due to outdated Act, meaning it lacks simplicity

36
Q

The Act is still used to base how many prosecutions each year?

A

25,000

37
Q

As the Act itself offers little assistance in terms of guidance, what in its place has fulfilled this role?

A

Charging Standards

38
Q

What has reformed the bulk of the law?

A

precedent and common law

39
Q

As the treatment of defendants is more equitable, what have barristers been able to exploit?

A

the vague and simple definitions of the Act

40
Q

How many years ago was the Act?

A

150

41
Q

What type of offence is s.47?

A

a basic intent

42
Q

What case defined “actual bodily harm”

A

Donovan 1934

43
Q

D hit V with a cane, D claimed V consented. Held that, in cases where a person acts with intention to inflict bodily harm, the consent of the victim cannot render otherwise unlawful conduct lawful.
What case is this?

A

Donovan 1934

44
Q

What happened in the case of Donovan?

A

D hit V with a cane, D claimed V consented. Held that, in cases where a person acts with intention to inflict bodily harm, the consent of the victim cannot render otherwise unlawful conduct lawful.
What case is this?

45
Q

What case confirmed the deffiniton of assault in Donovan?

A

Miller

46
Q

What is a problem with precedent reforming the law?

A

this interferers with Parliamentary Sovereignty, creating judical law makers.

47
Q

At the time the Act was created, what had not been created?

A

the idea of causation

48
Q

What is a problem with the language used in s.47?

A

it is vague and poor at explaining its meaning

49
Q 
Precedent has developed the law 
what did .... reform?
-DPP v Smith 
-T v DPP 
Burstow, Ireland, Chan Fook?
A
  • DPP v Smith= cutting hair
  • T V DPP temporary unconsciousness
  • Burstwo, Ireland, ChanFook= psychiatric injury
50
Q

While s.20 and s.47 has the same maximum imprisonment sentencing, what is the reality?

A

it is rare for s.47 to invoke a 5 year sentence

51
Q

What is an issue with s.20 word inflict and s.18 word cause

A

both words have been interpreted as meaning the same or has having identical meaning

52
Q

What 2 cases have established what a wound is, as the Act did not?

A

Morris and JJC v Eisenhower

53
Q

Which case held that foresight of consequences is not intent, merely evidence upon which an intention can be inferred.

A

Moloney

54
Q

Which 2 cases ensured that intention cannot be found unless the harm caused was a virtual certainty as a result of Ds actions?

A

Nedrick and Woollin

55
Q

What did the Law Commission propose regarding s.47 and its actus reus?

A

that it need not be committed by assault or battery

only means of causing injury would suffice

*ANEW-L-Non-Fatal Offences (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions