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Criminal Law 1g Offences, Defences, Confessions > Non-Fatal Offences > Flashcards

Non-Fatal Offences Flashcards

1
Q

What is the definition of assault?

A

D must intentionally or recklessly cause V to apprehend immediate and unlawful force

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2
Q

What is the case that goes with the definition of assault?

A

Ireland

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3
Q

What is the actus reus of assault?

A

An act or words which causes V to apprehend immediate and unlawful force

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4
Q

What is not enough for the actus reus of assault?

A

An omission, it must be an act or words

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5
Q

What happened in Constanza?

A

Letters were a form of assault

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6
Q

What happened in Ireland?

A

Silent phone calls were assault

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7
Q

What does apprehend mean?

A

To be aware of

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8
Q

What does the case Logdon V DPP say?

A

V does not have to be scared or in danger

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9
Q

What happens in Logdon V DPP?

A

D showed V a gun in his drawer but it was fake but V still apprehended immediate and unlawful force

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10
Q

What does immediate mean?

A

There and then

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11
Q

What does the case Smith V Superintendent of Woking Police Station say?

A

A threat to inflict harm in the future can’t be an assault but if D does something that makes V aware that there would be unlawful force at some unpredictable moment in the near future

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12
Q

What happened in Smith V Superintendent of Woking Police Station?

A

D was standing in V’s garden looking through her bedroom window

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13
Q

What does the case Tuberville V Savage say?

A

Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault

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14
Q

What happened in Tuberville V Savage?

A

D put his hand on his sword and said ‘if it was not assize-time I would not take such language’

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15
Q

What is the mens rea of assault?

A

Intention or recklessness as to causing V to apprehend immediate and unlawful force

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16
Q

What is the case example used for the mens rea of assault?

A

Venna

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17
Q

What is the definition of battery?

A

D must intentionally or recklessly apply unlawful force to V

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18
Q

What is the case example which goes with the definition of battery?

A

Collins V Wilcock

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19
Q

What can force include?

A

The slightest touching, but not the ordinary jostling if everyday life because implied consent is given to all inevitable touching

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20
Q

What does the case Thomas say?

A

The unlawful force does not have to be applied to V’s body, touching his or her clothes may be enough , even if V feels nothing

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21
Q

What happened in Thomas?

A

D touched the bottom of a woman’s skirt

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22
Q

What case example shows indirect battery?

A

Haystead

23
Q

What happened in Haystead?

A

D caused a child to fall by punching the woman holding the child

24
Q

What does the case DPP V Santana-Bermudez say?

A

A battery can be committed by an omission, but only if D is under a duty to act

25
Q

What does the case Fagan V MPC say?

A

The actus reus of battery can be a continuing act

26
Q

What is the mens rea of battery?

A

Either intention or recklessness as to applying unlawful force to V

27
Q

What case example goes with the mens rea of battery?

A

Venna

28
Q

What section is ABH under?

A

S.47 of the Offences Against the Person Act 1861

29
Q

What is the definition of ABH?

A

Any assault occasioning actual bodily harm

30
Q

What is the actus reus of ABH?

A

There must be either an assault or battery and this must cause actual bodily harm

31
Q

What does occasioned mean?

A

Caused

32
Q

What does the case Miller say?

A

ABH is any hurt or injury calculated to interfere with health or comfort of V

33
Q

Which case defines the word actual?

A

Chan-Fook

34
Q

What does the word actual mean?

A

Th injury should not be so trivial as to be wholly insignificant

35
Q

What is the mens rea of ABH?

A

Mens rea of assault or battery

36
Q

What does the case Savage say?

A

D does not need to intend or be reckless as to whether ABH is caused to V

37
Q

What happened in Savage?

A

D went to throw beer over V but threw the glass as well

38
Q

What is an offence under s.20 OAPA 1861?

A

To unlawfully and maliciously inflict grievous bodily harm or wounding

39
Q

What is the actus reus under a.20?

A

To inflict GBH or wounding

40
Q

What does inflict mean?

A

Cause

41
Q

Which case said the inflict meant cause?

A

Burstow

42
Q

What does GBH mean according to DPP V Smith?

A

Really serious harm

43
Q

What was classed as GBH in the case Dica?

A

HIV

44
Q

What happened in Burstow?

A

D caused V to suffer severe depression which was classed as GBH

45
Q

What does the case Bollom say should be taken into consideration?

A

In deciding whether V’s injuries amount to GBH, it is necessary to take into account V’s age and health

46
Q

What does the case Brown and Stratton say?

A

A single minor injury to V when added to other minor injuries inflicted on V can amount to GBH

47
Q

What does wounding require?

A

A breaking of the whole skin

48
Q

What does the case JCC V Eisenhower say?

A

Internal bleeding where there is no cut of the skin is insufficient for a wound

49
Q

What is the mens rea of s.20?

A
  • ’maliciously’

* intention or recklessness that V might suffer some harm

50
Q

What is the case example for the mens rea of s.20?

A

Mowatt

51
Q

What is there no need for D to foresee in s.20?

A

The level of injury

52
Q

What is an offence under s.18 OAPA 1861?

A

To wound or cause GBH with the intent to cause some GBH

53
Q

What is the actus reus of s.20?

A

Proof of wounding or GBH

54
Q

What is the mens rea of s.18?

A

Intention

Criminal Law 1g Offences, Defences, Confessions (6 decks)

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