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A level law- crime > non fatal offences > Flashcards

non fatal offences Flashcards

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1
Q

what type of offence is assault

A

common law
summary offence
s 39 criminal justice act 1988

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2
Q

what is the max sentence of assault

A

6 months

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3
Q

what is the actus reus of assault

A

defendant causes the victim to apprehend immediate unlawful personal violence

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4
Q

Smith V Chief Constable of Woking Police

A

D entered garden and stared at V through window causing her to jump in fright
wide interpretation given to the word ‘immediate’ V did not know what D was going to do but still felt fear

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5
Q

Constanza

A

D sent threatening emails over 20 month period
wide interpretation given to the word immediate

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6
Q

logdon V DPP

A

D threatened V with fake gun V was frightened
impossible to assault but V still afraid so still assault

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7
Q

Lamb

A

revolver pointed as V as a joke
no fear no assault

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8
Q

Ireland

A

Series of silent phone calls
silent phone calls can amount to assault

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9
Q

Tuberville V Savage

A

words did not account to assault

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10
Q

what is the mens Rea of assault

A

intention or recklessness as to causing V to apprehend immediate unlawful personal violence

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11
Q

case for direct intent

A

Mohan
aim, want, desire

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12
Q

case for recklessness

A

Cunningham
unjustified risk taking

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13
Q

what type of offence is battery

A

common law offence
summary offence under S 39 criminal justice act 1988

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14
Q

max sentence for battery

A

6 months

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15
Q

what is the actus reus of battery

A

application of unlawful force

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16
Q

how much force is needed?

A

any unlawful physical contact can amount to battery no need to prove pain

17
Q

Thomas

A

Caretaker touched hem of girls skirt
slightest touch can amount to battery

18
Q

Haystead

A

man punched woman who was holding a baby as a result the baby fell and hit head
force can be indirect

19
Q

DPP V K

A

Boy placed acid in a hand dryer and V used it and was covered In acid
force does not need to be directly applied to V can be through an implement

20
Q

DPP V Santana Bermudez

A

D failed to notify the officer conducting a search about needle In his pocket officer was stabbed by the needle.
battery can be through omissions

21
Q

what is the mens Rea of battery

A

intention or recklessness as to the application of unlawful force

22
Q

case for direct intention

A

Mohan
aim, want, desire

23
Q

case for recklessness

A

Cunningham
Unjustified risk taking

24
Q

what type of offence is ABH

A

statutory offence under s 47 offences against the persons act 1881
either way offence

25
Q

max sentence for ABH

A

5 years

26
Q

what is the actus reus of ABH

A

an assault or battery occasioning to actual bodily harm

27
Q

what is actual bodily harm

A

Miller- actual bodily harm is any hurt to injury that interferes with the health or comfort of the victim

28
Q

what needs to be proven for ABH

A
  • the AR of the assault or battery
    -causation
    -harm has to equate to actual bodily harm
29
Q

DPP V Smith

A

unlawfully cutting V hair amounts to actual bodily harm

30
Q

T V DPP

A

loss of consciousness even momentarily can amount to actual bodily harm

31
Q

Chan-Fook

A

includes psychiatric injury but must be identifiable clinical conditions

32
Q

causation

A

‘but for test’ factual causation (Pagett)
“de minimus rule’ legal causation (smith)
No intervening acts (Roberts)
Thin skull rule (Blaue)

33
Q

what is the mens Rea of ABH

A

D only needs to have the mens Rea for the assault or battery

34
Q

Savage

A

D threw pint over V it slipped broke and cut V’s hand, it was never D’s intention to throw glass
No need to demonstrate the D had MR in relation to the level of harm inflicted

A level law- crime (1 decks)

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