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Law Shelley > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

what are the lawful excuses?

A

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

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2
Q

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

A

common assault including assault and battery

£5000 fine and/or 6 months imprisonment

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3
Q

definition of battery

A

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.

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4
Q

donnelly v jackman

A

implied consent

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5
Q

collins v wilcock

A

restraint goes beyond consent

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6
Q

wood v dpp

A

officers can’t use force unless arrest

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7
Q

r v Thomas

A

touching someones clothes is the same as touching them.

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8
Q

Fagan

A

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

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9
Q

constable of Derbyshire

A

transferred malice- child was dropped

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10
Q

definition of assault

A

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

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11
Q

r v nelson

A

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

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12
Q

r v constanza

A

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

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13
Q

r v ireland and burstow

A

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

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14
Q

r v savage

A

words can negate an assault

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15
Q

r v light

A

act was too threatening, words couldn’t negate assault

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16
Q

r v venna

A

intent or subjective recklessness- see the risk but continue anyway

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17
Q

offences against the person act (1861)

A

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

18
Q

s47 assault occasioning abh

A

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

19
Q

r v Donovan

A

harm more than transient

20
Q

r v chan fook

A

can be temporary harm

can be psychological harm, more than mere emotion

21
Q

r v miller

A

interferes with health and comfort

22
Q

t v dpp

A

loss of consciousness even momentarily amounts to abh

23
Q

dpp v smith

A

physical pain not necessary

24
Q

r v burstow

A

recognised medical condition can be abh

25
Q

r v Roberts

A

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

26
Q

malicious wounding or inflicting gbh s20

A

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

27
Q

eisenhower

A

internal bleeding is not a wound

28
Q

moriarty v brooks

A

wound is a break in the continuity of the skin

29
Q

r v martin

A

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

30
Q

dpp v smith

A

grievous is really serious

31
Q

r v saunders

A

no difference between grievous and serious

32
Q

r v dica

A

hiv, inflict harm via disease

33
Q

r v bollum

A

baby covered in bruises, gbh because of vulnerability

34
Q

level of harm for abh-a few examples

A 
chipped tooth
loss of consciousness
displaced/broken nose
psychiatric condition
temporary loss of function
bruise
35
Q

level of harm for gbh

A 
permanent disability
loss of senses
coma
long period of hospital treatment
substantial loss of blood
blood transfusion
fractured skull
unconscious for 2+ minutes
36
Q

r v Cunningham

A

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

37
Q

r v parmenter

A

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

38
Q

wounding or causing gbh with intent s18

A

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.

39
Q

r v Taylor

A

intention to wound isn’t enough. must intend gbh

40
Q

r v Morrison

A

can be reckless to harm if resisting arrest

41
Q

ar of s18

A

wound or cause gbh

42
Q

mr of s18

A

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

Law Shelley (9 decks)

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