Non Fatal Offences

Question 1

what are the lawful excuses?

Answer 1

consent
prevention of a crime/self defence
reasonable punishment of a child(2004)

Question 2

what does s39 of the criminal justice act cover & maximum punishment?

Answer 2

common assault including assault and battery

£5000 fine and/or 6 months imprisonment

Question 3

definition of battery

Answer 3

application of unlawful force to another person either with the intention to apply unlawful physical force or whether you were reckless as to whether unlawful force was applied.

Question 4

donnelly v jackman

Answer 4

implied consent

Question 5

collins v wilcock

Answer 5

restraint goes beyond consent

Question 6

wood v dpp

Answer 6

officers can’t use force unless arrest

Question 7

r v Thomas

Answer 7

touching someones clothes is the same as touching them.

Question 8

Fagan

Answer 8

drove onto police mans foot unintentionally, them wouldn’t remove the car from his foot, developed mens rea- a continuing act

Question 9

constable of Derbyshire

Answer 9

transferred malice- child was dropped

Question 10

definition of assault

Answer 10

the apprehension of immediate unlawful force either with the intention for another to fear the application of immediate unlawful personal violence or whether you ae reckless to whether such fear is caused

Question 11

r v nelson

Answer 11

done something of a physical kind which causes someone else to believe that they are about to be struck

Question 12

r v constanza

Answer 12

letter was sent, last 2 words seen as a threat, wasn’t fear of immediate violence but iminent is sufficient

Question 13

r v ireland and burstow

Answer 13

silent phone calls, must be fear of unlawful immediate violence not just fear alone.

Question 14

r v savage

Answer 14

words can negate an assault

Question 15

r v light

Answer 15

act was too threatening, words couldn’t negate assault

Question 16

r v venna

Answer 16

intent or subjective recklessness- see the risk but continue anyway

Question 17

offences against the person act (1861)

Answer 17

assault occasioning abh
malicious wounding or inflicting gbh
wounding or causing gbh with intent

Question 18

s47 assault occasioning abh

Answer 18

5 years imprisonment
an assault which causes abh and D intends or is subjectively reckless as to whether V fears unlawful force or is actually subjected to unlawful force

Question 19

r v Donovan

Answer 19

harm more than transient

Question 20

r v chan fook

Answer 20

can be temporary harm

can be psychological harm, more than mere emotion

Question 21

r v miller

Answer 21

interferes with health and comfort

Question 22

t v dpp

Answer 22

loss of consciousness even momentarily amounts to abh

Question 23

dpp v smith

Answer 23

physical pain not necessary

Question 24

r v burstow

Answer 24

recognised medical condition can be abh

Question 25

r v Roberts

Answer 25

don't need mens rea for the type of harm caused

Question 26

malicious wounding or inflicting gbh s20

Answer 26

5 years imprisonment whosoever shall unlawfully or maliciously wound or inflict gbh upon any other personwith or without an instrument or weapon shall be guilty of an offence and shall be liable

Question 27

eisenhower

Answer 27

internal bleeding is not a wound

Question 28

moriarty v brooks

Answer 28

wound is a break in the continuity of the skin

Question 29

r v martin

Answer 29

serious harm can be caused through indirect act, chain of events

Question 30

dpp v smith

Answer 30

grievous is really serious

Question 31

r v saunders

Answer 31

no difference between grievous and serious

Question 32

r v dica

Answer 32

hiv, inflict harm via disease

Question 33

r v bollum

Answer 33

baby covered in bruises, gbh because of vulnerability

Question 34

level of harm for abh-a few examples

Answer 34

``` chipped tooth loss of consciousness displaced/broken nose psychiatric condition temporary loss of function bruise ```

Question 35

level of harm for gbh

Answer 35

``` permanent disability loss of senses coma long period of hospital treatment substantial loss of blood blood transfusion fractured skull unconscious for 2+ minutes ```

Question 36

r v Cunningham

Answer 36

intention to the particular type of harm or recklessness as to whether such harm should occur or not-foreseen harm but continued

Question 37

r v parmenter

Answer 37

must have intention or subjective recklessness to harm not to serious harm.

Question 38

wounding or causing gbh with intent s18

Answer 38

life imprisonment whosoever shall maliciously or unlawfully by any means whatsoever wound or cause any gbh to any person, with intent to do some gbh to any person or with intent to resist or prevent lawful apprehension or detainer of any person, shall be guilty of an offence.

Question 39

r v Taylor

Answer 39

intention to wound isn't enough. must intend gbh

Question 40

r v Morrison

Answer 40

can be reckless to harm if resisting arrest

Question 41

ar of s18

Answer 41

wound or cause gbh

Question 42

mr of s18

Answer 42

intention to cause gbh/intend to prevent lawful detainer. can be reckless to foreseeing harm if resisting arrest