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Law-Criminal Law > Non Fatal Offence- Assault and Battery > Flashcards

Non Fatal Offence- Assault and Battery Flashcards

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1
Q

Assault and battery legal authority

A

S39 criminal justice act 1988

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2
Q

Assault and battery sentence

A

Summary

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3
Q

ABH injury legal authority

A

S47 offences against the person act 1861

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4
Q

ABH Injury maximum sentence

A

Tew

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5
Q

GBH unlawful legal authority

A

S20 OAPA 1861

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6
Q

GBH Unlawful maximum sentence

A

Tew

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7
Q

GBH with intent legal authority

A

S18 OAPA 1861

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8
Q

GBH with intent maximum sentence

A

Indictable

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9
Q

Assault basic definition

A

Before the strike no physical contact

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10
Q

Battery

A

The physical contact

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11
Q

Common law assault definition

A

To intentionally, recklessly cause the victim to apprehend immediate unlawful force

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12
Q

Ar of assault

A

Cause victim to apprehend immediate, unlawful force

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13
Q

3 elements of AR

A

Can be caused by
Must apprehend, if no fear no assault
Immediate unlawful force

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14
Q

Silent telephones can be assault

A

Ireland

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15
Q

Can be letters or written communication

A

Contanza

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16
Q

Can be an act or conduct

A

Logdon

17
Q

Immediate unlawful force case

A

Smith-v-chief

18
Q

MR of assault

A

Intention or recklessness to cause the victim to fear immediate unlawful force

19
Q

Common law battery

A

Intentionally or recklessly inflicts unlawful force to another

20
Q

AR battery

A

To apply unlawful force

21
Q

AR elements

A

Unlawful force or contact with another
Application of unlawful force
Unlawful force can be applied lawfully

22
Q

Unlawful force or contact with another case

A

Wilcock

23
Q

Application of unlawful force case

A

Dpp-K 1990

24
Q

MR of battery

A

Intention or recklessness to apply force

25
Q

Objective

A

Through eyes of a reasonable person

26
Q

Subjective

A

Looking at situation through D’s eyes

27
Q

Who defined battery

A

Williams case lord chief justice

28
Q

Can be an omission and a continuing act

A

Fagan

29
Q

Lawful excuses

A

Reasonable punishment
Self defence

30
Q

Reason children punishment act

A

Under s58 Childrens act

31
Q

Direct case

A

Mohan

32
Q

Indirect case

A

Moloney

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