Exam 2 Flashcards

1
Q

section 39 Criminal justice act

Battery

A

Intend or be recless, unlawfull force
unlawful force amounting in physical contact directly or indirectly
no physical force =no battery

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2
Q

section 39 Criminal justice act

Battery

Injury Type

A

minor brusing or black eyes
superfisial cuts
scratches & Grazes

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3
Q

section 47 offences against the person act 1861

ACTUAL BODILY HARM

A

A person unlwafuly assulted, another person ocasioning actual bodely harm.

Intend or be recless, unlawfull force.

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4
Q

section 47 offences against the person act 1861

ACTUAL BODILY HARM

Injury Type

A

Loss or breaking of teeth
termporery loss of sensory function
extensive or multiple brusing
minor fractures or cuts requring stiches
mental harm beyond fear, distress, panic

Any hurt or injury calculated to interfear with the victims health

physical or mental

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5
Q

section 39 Criminal justice act

Common Assault

A

Intend or be recless, unlawfull force.
Any act which causes a person to aprahend immideate unlawfull force.
must aprahend or feell fear or force/ no fear or force = no ofence.

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6
Q

SECTION 20 OAPA 1861

MALICIOUS WOUNDING (GBH)

Section 20

A

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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7
Q

SECTION 20 OAPA 1861

MALICIOUS WOUNDING (GBH)

Injury Type

A

Extensive loss of blood.
Injury requiring a long convalescence and / or extensive medical treatment (such as a coma).
Broken bones.

Psychological injury
Psychological injuries can include severe trauma, such as post-traumatic stress disorder (PTSD). However, they must be supported by medical evidence.

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8
Q

SECTION 18 OAPA 1861

MALICIOUS WOUNDING (GBH) with intent

A

Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent or with intent to resist or prevent the lawful apprehension or detainer of any person

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9
Q

MALICIOUS??

A
  • The suspect either Intended or was subjectively reckless that at least some harm would be caused.
  • There is no requirement to foresee the risk of serious harm, really serious harm or wound
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10
Q

Injury Type (GBH)

A

Breaking the continuity of the whole of the outer skin – i.e. both the dermis and epidermis;
or
Breaking the inner skin within the cheek, lip, or urethra.

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11
Q

SECTION 89 POLICE ACT 1996

ASSAULTING A POLICE OFFICER

A

Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months;.

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12
Q

SECTION 89 POLICE ACT 1996

OBSTRUCTING A POLICE OFFICER

A
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13
Q

ASSAULTS ON EMERGENCY WORKERS

A
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14
Q

Theft Act 1968

BURGLARY - SECTION 9(1)(A) OFFENCE

A
  1. Section 9(1)(a): entering a building or part of a building as a trespasser with an intent to commit one of the following in the building:
  • theft;
  • criminal damage; or
  • infliction of grievous bodily harm;
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15
Q

Theft Act 1968

BURGLARY - SECTION 9(1)(B) OFFENCE

A

Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

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16
Q

s 10 Theft Act 1968

AGGRAVATED BURGLARY

A

1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose

17
Q

W.I.F.E

A

Weapons of offence
Imitation firearm
Firearm
Explosive

18
Q

transient harm

A

you cannot consent to anything beyondtransient harm unless there is a good reason for allowing the ple of concent

grounds of protction of health

19
Q

CONSENT TO ASSAULTS

A

concent negates assault offences

if consent of the victim is established, no offence of assult will be complete

20
Q

S 5 Missuse of drugs Act

POSSESSION OF A CONTROLLED DRUG

A

any person, unlawfully have a controled drug, in there possession.

Possession, knolage of possesion, controled drug.

physical or constructive

21
Q

S 5 Missuse of drugs Act

POSSESSION

A

visible, tangabe, mesurable

22
Q

Section 4(3) Misuse of Drugs Act 1971

SUPPLYING CONTROLLED DRUGS

A

supply
be consurned in the supply
offer to supply
be concurned in making an offer to supply, a controled drug

23
Q

SIMPLE CRIMINAL DAMAGE

A

iintend or reckless
destroy or damage property belonging to another.

24
Q

AGGRAVATED CRIMINAL DAMAGE

A
25
Q
A