H2 Non Fatal Offences Flashcards
List the 5 non fatal offences least to most serious
- Assault - 6 months
- Battery - 6 months
- ABH - 5 years
- GBH S.20 - 5 years
- GBH S.18 - life
What is common assault made up of
Assault
Battery
Define assault
AR: An act which causes the victim to apprehend the infliction of immediate unlawful force
MR: with either intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
AR element of assault- List things that can pass as assault
( give cases )
Letters - R v Constanza
Silence - R v Ireland
AR element of assault- Dose v need to apprehend force for it to be considered assault
( give case )
Yes
R v lamb
AR element of assault- Can force be instantaneous
( give case )
No
Smith v Chief Superintendent of
Woking Police
MR of assault- what test is used for recklessness
Subjective recklessness
Define battery
AR: the application of unlawful force to another person
MR: Intending to either apply unlawful force or recklessness as to whether unlawful force is applied
Can there be battery without assault
Yes
Can touching clothes be assault,
If so what case
R v Thomas
Can An indirect action lead to battery,
If so what case
Yes
R v Martin
Can v give consent to battery
No
Is the MR for battery same as MR of assault
Same
Which men’s are doesn’t satisfy the the requirement for assault and battery
Negligence
What does ABH stand for
Actual Bodily Harm
List things that can amount to ABH
( give cases)
1.Cutting hair - DDP v Smith
2.physiatrist harm - R V Chan Fook
what dose GBH stand for
Grievous Bodily Harm
Dose a broken bone with no wound count as GBH
If so give case
No
R V Wood
List things that count as GBH
( give cases )
1.Physiatrist injury - R v Burstow
2. Inflicting another with disease or virus
R V Dica
S.20 GBH is known as and what is its AR And MR
Malicious wounding
AR: D wounded or inflicted grievous bodily harm
MR: D did this intending to cause some injury (not serious), or being reckless as to whether injury was inflicted
S.18 GBH known as and what is its AR and MR
Wounding with intent
AR: Maliciously wounds or causes grievous bodily harm
MR: With intention to do some grievous bodily harm, or intention to resit /prevent a lawful arrest or detention
