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Non Fatals > NFO evaluation > Flashcards

NFO evaluation Flashcards

1
Q

explain assault

A

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

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2
Q

assault- actions case

A

Read V Coker

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3
Q

assault- words cases (2)

A

Constanza and Ireland

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4
Q

assault- force expected in the near future case

A

Smith v CCOW

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5
Q

explain battery

A

common law, AR- to apply unlawful force to a person, MR- intention or recklessness to apply unlawful force

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6
Q

battery- must be hostile and beyond jostling’s of everyday life case

A

Wilson v Pringle

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7
Q

explain ABH

A

s47 OAPA, AR- to commit an assault or a battery that results in actual bodily harm, MR- that of assault or battery

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8
Q

battery- harm must not be so trivial as to be insignificant case

A

Chanfook

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9
Q

battery- MR doesnt need to be of the harm case

A

R v Savage

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10
Q

explain wounding

A

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

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11
Q

ABH- definition of a wound case

A

JCC v Eisenhower

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12
Q

ABH- s20 case

A

Mowatt

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13
Q

ABH- s18 case

A

Belfon

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14
Q

explain GBH

A

s20 and s18 OAPA, AR- to cause grievous bodily harm, MR- same as wounding, some harm or serious harm through intention or recklessness

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15
Q

GBH- definition of GBH case

A

DPP V Logdon

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16
Q

GBH s20 case

A

mowatt

17
Q

GBH s18 case

A

Belfon

18
Q

evaluation point 1

A

assault is confusing for lay people

19
Q

negative of assault being confusing for lay people

A
  • 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
20
Q

LC’s suggestion for point 1

A
  • 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
21
Q

evaluation point 2

A

S47 goes against principle of correspondence

22
Q
A

Non Fatals (6 decks)

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