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Criminal > Non-fatal OAP And Sexual offences > Flashcards

Non-fatal OAP And Sexual offences Flashcards

1
Q

What does the term assault encompass

A

Technical assault and battery

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2
Q

What is technical assault

A

D does act which causes V to apprehend the immediate application of unlawful violence
D intends or foresees (reckless) V will apprehend

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3
Q

What is battery

A

An act or omission involving physical contact between D and V

D intends or foresees contact with V

Can be indirect
Not necessarily any harm to V

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4
Q

What is a defence to assault and battery

A

Consent:
Freedom
Capacity
Sufficient understanding of nature of act proposed

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5
Q

S47 OAPA 1861

A

ABH- assault (assault or battery) occasioning ABH

MR for assault or battery

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6
Q

What is ABH

A

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

Includes phychatric conditions but not emotions

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7
Q

S20 OAPA 1861

A

GBH

Wound of inflict GBH with intention to cause some harm

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8
Q

What is wounding

A

Breaks both layers of skin

Doesn’t need to be serious

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9
Q

What is GBH

A

Serious injury
Doesn’t need to be permanent
Could be psychiatric

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10
Q

S18 OAPA 1861

A

4 ways to commit offence:
Wound with intend to cause GBH
Wound with foresight of some harm and intent to resist arrest
Cause GBH with intent to cause GBH
Cause GBH with foresight of some harm and intent to resist arrest

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11
Q

What does protection from harassment act 1997 prohibit

A

Where D follows a course of conduct which D knows or a reasonable person with same info would know would cause alarm, distress or fear to V

S2- harassment incl alarming or causing distress
S2A - harassment through stalking
S4- outing people in fear of violence
S4A - stalking with fear of violence or serious alarm or distress

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12
Q

S76 serious crime act 2015

A

Controlling or coercive behaviour in an intimate family relationship

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13
Q

Racial or religious aggravation

Which offences can this give a harsher sentence to

A

Assault, battery, s47 OAPA, s20 OAPA, or s2 and s4 Protection from harassment act

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14
Q

When can you assume V did not consent

A

When D intentionally decieved V as to nature or purpose of act or impersonated person known to V

A lie is not enough

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15
Q

Is consent relevant to under 13 year olds

A

No liability is strict and consent is irrelevant

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16
Q

What must be proved by P for all sexual offences

A

D did not reasonably believe that V consented

D needs a good reason for thinking V consented

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17
Q

What won’t be considered when determining if D had a reasonable belief that V consented

A

Ds background or mental disorder

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18
Q

When is an act sexual

A

When a reasonable person it so due to nature and/ or circumstances

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19
Q

When can we assume V did not consent unless D can prove otherwise

A

Violence
V was detained and D was not
Unconscious or asleep
Cant communicate consent due to physical disability
Forced to take substance to overpower and D knew

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20
Q

Rape

A

D penetrates with P the VAM
V doesn’t consent
V intends to penetrate and doesn’t reasonably believe V consents

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21
Q

Rape of U13

A

Consent irrelevant
D penetrates with P the VAM
V is under 13
D intends to penetrate

22
Q

Assault by penetration

A

D penetrates V or A with his body, her body or anything else sexually
V doesn’t consent
D intends to penetrate and doesn’t reasonably believe v consented

23
Q

Sexual assault

A

D touches v sexually
V doesn’t consent
D intends to touch and doesn’t reasonably believe v consented

24
Q

Sexual activity with a child over 13

A

Consent irrelevant
D is over 18 and touches v sexually who is 15 or younger
D intended to touch
D lacks reasonable believe that v is 16 or older

25
Q

Causing sexual activity

A

D causes v to engage in sexual activity
B doesn’t consent
D intends to cause v to engage and doesn’t reasonably believe v consents

26
Q

Sexual assault of child under 13

A

Consent is irrelevant
D touches V sexually
V is under 13
D intends to touch v

27
Q

Assault by penetration of child under 13

A

Consent is irrelevant
D penetrates V or A of V with part of his or her body or anything else and v is under 13
D intends to penetrate

28
Q

Sexual activity with child family member

A

Consent is irrelevant
D touches v sexually
V is related to d and v is under 18
D intends to touch
D is reasonably expected to know is related
D lacks reasonable belief v is 18 or over

29
Q

What is a relation for the sexual offences

A

Parent, grandparent, brother, sister, half brother, half sister, aunt, uncle, foster parents past or present

30
Q

Sex by penetration of an adult relative

A

D is aged 16 or older and penetrates Vs V or A with any body part or object or
Penetrates Vs m with his P sexually
V is aged 18 or over
V and D are related
D intends to penetrate
D is reasonably expected to know they are related

31
Q

Sex by penetration of an adult relative - opposite offence when v becomes D because V allows it

A

R is aged 18 or over and penetrates Vs V or A with any body part or object or
Penetrates Vs m with his P sexually
D consents and is reasonably expected to know they are related

32
Q

Assault

A

common law but charged under s39 CJA 1998. Summary only. Max 6m prison or fine

33
Q

battery

A

common law but charged under s39 CJA 1998. Summary only. Max 6m prison or fine

34
Q

ABH

A

s47 OAPA - either way - max 5 years prison

35
Q

malicious wounding or GBH

A

s20 OAPA - either way - max 5 years prison

36
Q

wounding or causing GBH with intent

A

S18 OAPA - indictable only - life prison max

37
Q

what is required for s47 ABH

A

assault or battery causing ABH so causation needed

38
Q

what is ABH

A

any hurt or injury calculated to interfere with health or comfort of V. need not be serious but also not trifling.

39
Q

can mental harm be ABH

A

yes with evidence but not just strong emotions

40
Q

MR for ABH

A

intention or recklessness as to assault or battery (not ABH)

41
Q

what is included in common law assault

A

technical assault/ simple assault
and
physical assault/ battery

42
Q

can silence be assault

A

yes but might need a pattern eg silent phone calls

43
Q

apprehension of unlawful force - assault

A

this must be immediate. enough that it could occur immediately eg text message or conditional threats.

44
Q

can contact for battery be indirect

A

yes could be by throwing something or placing something in their way

45
Q

what is GBH

A

really serious harm

46
Q

what is wounding

A

breaking both layers of skin to cause bleeding (not internal bleeding or bloodshot eyes)

47
Q

does a wound have to be serious

A

no

48
Q

what is the MR for s20 wounding or GBH

A

malicious - intention or recklessness as to causing some bodily harm (ABH) (not GBH)

49
Q

what does malicious mean

A

intention or recklessness as to causing some bodily harm (ABH) (not GBH)

50
Q

4 ways that s18 OAPA can apply

A

wound with intent to GBH
GBH with intent to GBH
wound with intent to resist or prevent arrest
GBH with intent to resist or prevent arrest

Criminal (4 decks)

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