Law paper 1 Flashcards
1
Q
What is the AR for battery?
A
The application of unlawful force/violence
2
Q
What is the AR for assault?
A
Causing V to apprehend the use of immediate unlawful force
3
Q
What is the MR for battery?
A
Intention or recklessness as to applying unlawful force
4
Q
What is the MR for assault?
A
Intention or recklessness as to causing V to fear unlawful force/violence
5
Q
What is the AR for s47?
A
Assault or battery leading to actual bodily harm
6
Q
What is the MR for s47?
A
Intention or recklessness as to causing V fear of unlawful force or applying unlawful force
7
Q
What is the AR for s20?
A
Wounding or causing grievous bodily harm
8
Q
What is the MR for s20?
A
Intention or recklessness as to causing some harm
9
Q
What is the AR for s18?
A
Wounding or causing grievous bodily harm
10
Q
What is the MR for s18?
A
Specific intention to cause grievous bodily harm or prevent arrest
11
Q
What is a common assault? What case stated this?
A
When D does something of a physical kind which causes someone else to apprehend that they are about to be struck - R v Nelson
12
Q
Can assault be done through omission?
A
No
13
Q
Which case held that letters could amount to an assault?
A
R v Constanza
14
Q
What was the point of law in R v Nelson?
A
Common assault is when D does something of a physical kind which causes someone else to apprehend that they are about to be struck
15
Q
What was the point of law in R v Constanza?
A
Assault can be in written form - letters can amount to an assault
16
Q
What was the point of law in R v Ireland?
A
Silent phone calls can amount to an assault
17
Q
What was the point of law in R v Lamb?
A
If the other person does not fear violence, e.g. they think a gun being pointed at them is unloaded, there is no assault.
18
Q
What was held in Smith v Woking Police?
A
Fear of immediate force is necessary but this only means it needs to be ‘imminent’.
19
Q
Which case held that fear of force should be imminent?
A
Smith v Woking Police
20
Q
Which case held that there is no assault if there is no fear of violence?
A
R v Lamb
21
Q
Which case held that silent phone calls can amount to an assault?
A
R v Ireland
22
Q
What was the point of law in Tuberville v Savage?
A
If D uses language that shows they are not going to use unlawful force, there cannot be fear of force and so no assault
23
Q
What case decided that words which indicate no violence will not be an assault?
A
Tuberville v Savage
24
Q
What was held in R v Light?
A
Whether words that indicate no violence amount to an assault or not depends on the circumstances of the case
25
What case contradicts Tuberville v Savage?
R v Light
26
What must be mentioned about the unlawfulness of the force threatened?
It must not have been in self defence or consented to
27
What does it mean that the test for recklessness is subjective?
Where D realises the risks of his actions
28
What is the test for recklessness?
Subjective
29
What cases set out what unlawful force is?
- Collins v Wilcock
- Wood (Fraser) v DPP
- R v Thomas
30
What was the point of law in Collins v Wilcock?
Even the slightest touching can amount to unlawful force
31
What was the point of law in R v Thomas?
Touching someone's clothes can amount to unlawful force
32
Which case set out that touching clothing can amount to unlawful force?
R v Thomas
33
Which case stated that even the slightest touching can amount to unlawful force?
Collins v Wilcock
34
Which case stated that physical restraint was unlawful force?
Wood v DPP
35
What was the point of law in Wood v DPP?
Physical restraint without arrest is unlawful force
36
Can a battery be committed through a continuing act? Which case sets this out?
Yes
| Fagan v Met Police Commissioner
37
What was the point of law in Fagan v Met Police?
A battery can be committed through a continuing act
38
Which cases are about indirect acts?
- R v Martin
| - DPP v K
39
What was the point of law in R v Martin?
Non-fatal offences can be committed through indirect acts
40
What was the point of law in DPP v K?
Common assault can be committed through an indirect act
41
Which case held that common assault can be committed through an indirect act?
DPP v K
42
Which case held that non-fatal offences can be committed through an indirect act?
R v Martin
43
Can omissions amount to a battery?
Yes if there is a duty to act
44
Which cases held that omissions can amount to battery?
- DPP v Santa-Bermudez
| - R v Miller
45
What was the point of law in DPP v Santa-Bermudez?
Omissions can create liability where there was a duty to act
46
What is the definition of actual bodily harm? What case set this out?
Any hurt or injury calculated to interfere with the health and comfort of the victim - R v Miller
47
Which case set out that loss of consciousness is actual bodily harm?
T v DPP
48
What was the point of law in T v DPP?
Loss of consciousness can amount to actual bodily harm
49
Which case held that cutting hair can amount to actual bodily harm?
DPP v Smith
50
What was the point of law in DPP v Smith
Cutting off a substantial amount of hair can amount to actual bodily harm and physical pain necessary
51
Which case held that physical pain was not necessary for actual bodily harm?
DPP v Smith
52
Which cases set out that actual bodily harm includes psychiatric injury?
- R v Chan Fook
| - R v Burstow
53
What was the point of law in R v Chan Fook?
Actual bodily harm doesn't include fear, distress or panic but does include clinical conditions
54
What was the point of law in R v Burstow?
Bodily harm (s47, s20, s18) includes recognisable psychiatric illnesses
55
Which case held that bodily harm includes psychiatric illness?
R v Burstow
56
Which case held that feelings of fear, distress and panic do not amount to ABH?
R v Chan Fook
57
Which cases set out the mens rea for s47?
- R v Roberts
- R v Savage
- R v Parmenter
58
What was the point of law in R v Roberts?
The MR for s47 is the MR for common assault. D doesn't need to intend or be reckless as to causing actual bodily harm
59
What was the point of law in R v Savage?
Intention to apply unlawful force is enough to suffice the MR for s47
60
What was the point of law in R v Parmenter?
D need only have the MR for common assault for a s47 offence
61
What is the definition of a wound? What case did this come from?
A cut or break in the continuity of the whole skin - JCC v Eisenhower
62
What was the point of law in R v Wood?
Broken bones do not amount to a wound if there is no break in the skin
63
What is the definition of grievous bodily harm? Which case set this out?
Really serious harm - DPP v Smith
64
What was the point of law in DPP v Smith?
Grievous bodily harm simply means really serious harm
65
What was the point of law in R v Saunders?
The jury can be directed by using only 'serious harm'
66
Which case set out that the jury can be directed using the phrase 'serious harm' for GBH?
R v Saunders
67
Which case set out that Vs age and health should be considered in discussing the severity of harm?
R v Bollom
68
What was the point of law in R v Bollom?
The severity of harm should be assessed based on the victim's age and health
69
Which case set out that psychiatric harm can be grievous bodily harm?
R v Burstow
70
What was the point of law in R v Dica?
Non-consensual spreading of disease such as HIV can amount to grievous bodily harm
71
Which case set out that threats can be considered a technical assault?
R v Lewis
72
What was the point of law in R v Lewis?
A section 20 must include a technical assault which can include threats
73
Which case set out that 'inflict' doesn't require a technical assault?
R v Burstow
74
What was held in R v Burstow about the meaning of 'inflict' in s20?
It doesn't require a technical assault or a battery
75
What is consent?
When the victim agrees to suffer an injury
76
What was held in R v Donovan?
If someone consents to being touched, there is no battery
77
What was held in R v Slingsby?
If there was consent to touching, there was no battery, and therefore no unlawful act.
78
Which cases held that consent to touching means there is no battery?
- R v Donovan
| - R v Slingsby
79
What should be discussed in a scenario question for consent?
- If the consent was real
- If there was informed consent
- The level of injury
- If it is in the public's interest to allow consent to be used as a defence
- If the consent was mistakenly but genuinely believed
80
What must the consent be?
Real
81
Which case set out that consent obtained through fraud or deception was not real consent?
R v Tabassum
82
What was the point of law in R v Tabassum?
The consent must be real - not to include consent obtained through fraud or deception
83
Which case set out that ill-informed consent is not real consent?
R v Dica
84
Which case set out that consent given through fear is not real consent?
R v Olugboja
85
What was the point of law in R v Dica?
V must know the risks to be able to give real consent
86
What was the point of law in R v Olugboja?
Consent obtained through fear is not real consent
87
Which cases held that D must inform V of any infectious diseases to gain real consent?
- R v Dica
| - R v Golding
88
Which case set out that everyday jostling's were impliedly consented to?
Wilson v Pringle
89
What was the point of law in Wilson v Pringle?
Everyday jostling's are not a battery because implied consent was given
90
What was the point of law in R v Barnes?
Implied consent is given in sports games and activities to anything within the rules of the sport or game
91
What was the point of law in AG's Reference?
Consent is not a defence to a s47 offence unless it was obtained through:
- properly conducted game or sport
- lawful chastisement or correction
- reasonable surgical interference
- dangerous exhibitions
- etc.
It is down to the judge to decide based on the facts of each case with public policy considerations
92
Which case set out the exceptions to s47s not being a defence?
AG's Reference
93
What was the point of law in R v Brown?
Sado-masochistic acts done in private by homosexuals even when no medical attention was required are not acts that the defence of consent can be used against.
94
What was the point of law in R v Wilson?
Branding with a hot knife (between a hetero couple) can be consented to even when medical attention was required. It was held that it is not in the interest of the public to criminalise such behaviour.
95
Which case set out that it is not in the interest of the public for consent to be used for sado-masochism?
R v Brown
96
Which case set out that it is not in the public's interest to criminalise consensual branding in a heterosexual couple relationship?
R v Wilson
97
Which contrasting cases set out when consent can be used with regard to private sexual activity?
- R v Brown
- R v Wilson
- R v Emmett
98
What was the point of law in R v Jones?
Mistaken belief consent in rough horseplay is classed as lawful consent
99
What was the point of law in R v Aitken?
Where the mistaken belief consent led to s20 injuries, it is for the jury to decide whether consent can be used as a defence
100
What was the point of law in R v Emmett?
Consent is not a defence when the harm caused is more than 'transient and trivial'
101
What do injuries have to be more than for consent not to be available?
Transient and trivial
102
Which case set out that harm must be more than 'transient and trivial' for consent to be unavailable as a defence?
R v Emmett
103
Which cases set out the law on mistaken belief?
- R v Jones
| - R v Aitken
104
Which case looked at horseplay?
R v Jones
105
Which case held that it is for the jury to decide whether consent can be used for a s20 offence where there was mistaken belief?
R v Aitken
106
What type of defence is consent?
Common law defence
107
What was the POL in R v DPP (Dianne Pretty)?
Killing cannot be consented to
108
Evaluate the POL in R v DPP (Dianne Pretty)?
- Suicide isn't illegal so assisting someone to do so shouldn't be
- Immoral to keep someone alive in pain
- Immoral to go against someone's wishes
- Public policy limitations: cost of keeping someone of high dependency alive
+ In the best interest of the public
+ Prevents abuse of the law
+ Would be hard to prove
109
Which consent cases demonstrate inconsistency and bias?
- R v Wilson
- R v Brown
- R v Emmett
110
Why is the law on consent important and fit for purpose?
- Everyday jostling's
| - Contact sports
111
Why is implied consent so important (everyday jostling's)?
+ Saves the court time and money
+ Services would be overloaded
+ Not enough lawyers/legal personnel
+ May prevent people from going out in busy areas (not good for economy)
+ Balances public policy and legal principle
112
What is a drawback to the law on everyday jostling's?
People may abuse the law by trying to pass an intended battery off as something that was impliedly consented to.
113
In which section of OAPA 1861 was the word 'maliciously' used?
s20
114
What was held to be the meaning of maliciously? (use 2 cases to explain)
Cunningham - Either an intention to do the harm that was done or recklessness as to whether that harm was done.
Parmenter - Confirmed the Cunningham definition of 'maliciously' but said that for s20 this means some harm not the harm that was done.
115
What was held about the MR of s20 in Parmenter?
D must only intend or be reckless as to causing some harm
116
What case set out that intention to wound is not enough for the MR of s18?
R v Taylor
117
What was the point of law in R v Taylor?
Intention to wound is not enough for the MR of s18
118
What was the point of law in R v Moloney?
Foresight of consequences is not intention
119
What was the point of law in R v Nedrick?
Intention cannot be found from foresight of consequences unless there was a virtual certainty
120
What was the point of law in R v Woolin?
Intention cannot be found from foresight of consequences unless there was a virtual certainty
121
Which cases set out the meaning of intention?
- R v Moloney
- R v Nedrick
- R v Woolin
122
What was held in R v Morrison?
Where there was specific intention to resist arrest, it must only be proved for a s18 offence that D was reckless in doing so as to causing a wound or injury
123
Which case set out the rules around resisting arrest for a s18 offence?
R v Morrison
124
What must be proved where D resisted arrest (s18)?
That D was reckless as to causing a wound or injury
