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law paper 1 > non fatal law > Flashcards

non fatal law Flashcards

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1
Q

I in idea in assault non fatal offences

A

identify the d v and offence d may be chat bed with assault on v

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2
Q

D in idea in assault in non fatal offences

A

Defined in common law

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3
Q

e in idea in assault in non fatal law

A

to cause the victim to apprehend unlawful force

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4
Q

what does apprehend mean

A

being afraid, making v scared of what is happening next

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5
Q

what three things need to be proved for an assault

A

d has done something threatening
v apprehended force as a result of threat
the force v apprehended was immediate

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6
Q

what is battery and assault called together

A

common assault

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7
Q

what is the mens rea of assault

A

the intention or recklessness to cause the v to apprehend immediate unlawful force

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8
Q

what is a battery

A

when hostile force is used, but it doesnt have to cause injury

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9
Q

d in idea battery

A

defined in common law

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10
Q

e in idea in battery

A

the actus reus of battery is to apply unlawful force to the victim

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11
Q

what is ment by hostile

A

unwanted with a lack of consent. and beyond the jostlings of everyday life

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12
Q

occasioning meaning

A

causing

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13
Q

abh defined in?

A

s 47 of the offecnes against the persons act 1861

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14
Q

actus reus of assault occasioning abh

A

is either an assault or battery which causes abh to another person

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15
Q

three elements of the actus reus of the abh

A

the actus reus of the assault or battery
v sufferes an injury which counts as an abh
the assault/ battery causes the injury

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16
Q

mens rea of assault occationing abh

A

the same for mens rea of assault or battery

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17
Q

wounding is defined under

A

s 18 and s 20 od the offences against the persons act 1861

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18
Q

actus reus of wounding

A

to unlawfully wound a person

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19
Q

mens rea of wounding

A

weather the offence is malicious and wounding with intent

20
Q

s20 of oapa

A

direct intention and recklesness to cause some harm r v mowatt

21
Q

s 18 of oapa

A

direct or oblique intention to cause serious harm r v belforn

22
Q

GBH defined under

A

s20 and s18 of oapa 1861

23
Q

read v coker

A

D and his gang surrounded V rolling up their sleeves making v feel like d was going to attack him
Gestures and actions can be assault eg raising your fist at someone

24
Q

r v Ireland

A

D made a number of unwanted phone calls to V and said nothing but breathed heavily
Silence can be assault
Spoken word can be assault

25
Q

r v constanza

A

Over 20 months D sent over 800 threatening letters to v

Written words can be assault

26
Q

tuberville v savage

A

D placed his hand on his sword and said to v if it were not assize time I would run you through the middle

Words can negate apprehension of the v

27
Q

dpp v logdon

A

D pointed a fake gun at v and she was terrified so there was an assault because she apprehended force

It is possible for v to apprehend force even when force is not possible

28
Q

smith v ccow

A

Smith v chief constable of Woking

D peered through the window of v late at night

Immediate force doesn’t necessarily mean straight away it means in the near future

29
Q

r v thomas

A

A school care taker was convicted of indecent assault after taking hold of the hem of a 12 year-olds skirt

This shows force can be the lightest touch and touching clothes is the same as touching a person.

30
Q

wilson v pringle

A

Wilson v pringle

D pulled v backpack causing him to fall over

For battery contact must be unlawful/hostile
Hostile= non-consensual and beyond the jostling’s of everyday

31
Q

dpp v k

A

D took acid from science class and hid it in a hand dryer and someone used it and got acid all over them

Force can be applied indirectly eg via an object

32
Q

r v miller abh

A

Defined abh as

Any hurt or injury calculated to interfere with the health and comfort of the victim

33
Q

r v chanfook

A

Fell out a window trying to escape d and fell out the window and sprained wrist

1 harm cannot be trivial or insignificant 2 psychological hurt can be abh not mere emotions though

34
Q

dpp v savage

A

D tried to throw a beer at v but accidently threw the whole glass

D doesn’t need to intend or be reckless to cause ahb they only have to intend or be reckless to cause assault or battery.

35
Q

t v dpp

A

D chased v and v fell and briefly lost consciousness

Even short loss of consciousness can be abh

36
Q

r v savage

A

D tried to throw a beer at v but accidently threw the whole glass

D doesn’t need to intend or be reckless to cause ahb they only have to intend or be reckless to cause assault or battery.

37
Q

jcc v eisenhower

A

Got shot in the eye but this isn’t wounding

Two layers of skin must break for wounding, no internal bleeding.

38
Q

r v mowat

A

Cause some harm

S 20

39
Q

r v belford

A

Cause serious harm

S 18

40
Q

dpp v smith gbh

A

gbh is realy serious harm but doesnt have to be life threatening

41
Q

r v burstrow

A

D didnt accept the breakup of him and v and followed her called her and v started to suffer from depression

GBH can be serious psychiatric harm

42
Q

r v dica

A

D infected 2 girls with hiv knowing he was hiv positive and diddnt tell them

GBH can be serious biological harm

43
Q

r v browne and stratton

A

The d’s attacked one of their fathers who had gone under gender reassignment. causing broken nose, three broken teeth, and cut over an eye

GBH can be accumulation of more minor injuries

44
Q

r v bollom

A

D was convicted of casing GBH to a 17 month child after causing bruises and abrasions on the child.

age and health are factors that need to be considered when deciding if its GBH

45
Q

r v martin

A

D as a joke, placed a bar in a theatre exit and yelled fire so people would bump into it

gbh can be committed indirectly.

law paper 1 (4 decks)

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