NFO evaluation Flashcards
explain assault
defined in common law, AR- causing the victim to apprehend immediate unlawful force, MR- intention or recklessness as to cause the victim to apprehend immediate unlawful force
assault- actions case
Read V Coker
assault- words cases (2)
Constanza and Ireland
assault- force expected in the near future case
Smith v CCOW
explain battery
common law, AR- to apply unlawful force to a person, MR- intention or recklessness to apply unlawful force
battery- must be hostile and beyond jostling’s of everyday life case
Wilson v Pringle
explain ABH
s47 OAPA, AR- to commit an assault or a battery that results in actual bodily harm, MR- that of assault or battery
battery- harm must not be so trivial as to be insignificant case
Chanfook
battery- MR doesnt need to be of the harm case
R v Savage
explain wounding
s18 and s20 OAPA, AR- to unlawfully wound a person, MR- determines section- intention or recklessness as to cause either some harm or serious harm
ABH- definition of a wound case
JCC v Eisenhower
ABH- s20 case
Mowatt
ABH- s18 case
Belfon
explain GBH
s20 and s18 OAPA, AR- to cause grievous bodily harm, MR- same as wounding, some harm or serious harm through intention or recklessness
GBH- definition of GBH case
DPP V Logdon
GBH s20 case
mowatt
GBH s18 case
Belfon
evaluation point 1
assault is confusing for lay people
negative of assault being confusing for lay people
- wording is confusing
- cant understand basic and common offences so cant correctly report them
- police cant correctly respond to a crime if the public dont report it correctly
- could witness GBH and think its assault
LC’s suggestion for point 1
- change name for assault and battery to threatned assault and physical assault
- would make it much easier to understand if only a threat or if actual contact has been made
evaluation point 2
S47 goes against principle of correspondence
