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law paper 1 > non fatal offences > Flashcards

non fatal offences Flashcards

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1
Q

what is an assault

A

common law offence

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2
Q

what is assault charged under?

A

Section 39 criminal justice act 1988,

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3
Q

what is assault defined as

A

defined as intentionally or recklessly, causing the victim to apprehend unlawful violence

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4
Q

can an assault be an omission

A

no must be an act

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5
Q

Constanza;Ireland

A

an assault, can be words, actions or both 

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6
Q

Apprehend doesn’t mean fear, but

A

belief that force is capable of being carried out

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7
Q

Lamb

A

Apprehend doesn’t mean fear, but believe that force is capable of being carried out

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8
Q

Does the belief need to be rational? It honestly held

A

no

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9
Q

Smith v woking

A

Immediate does not mean, instantaneous, but imminent

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10
Q

what must the force be in order to be an assault?

A

Unlawful

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11
Q

When will it not be an assault?

A

Consensual in self defence or in prevention of a crime

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12
Q

Conditional threat sufficient case

A

read v coker

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13
Q

Mens rea for assault

A

assault is intention, aim or purpose, (Mohan) or recklessness, recognise risk and took it anyway (Cunningham) causing victim to apprehend, unlawful violence.

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14
Q

is battery common-law?

A

yes

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15
Q

Statue for battery

A

Section 39 criminal justice act, 1988

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16
Q

what is battery defined as

A

Intentionally or recklessly applying unlawful force

17
Q

Actus reus for battery

A

Any touching the victim does not consent to, must be more than every day touching

18
Q

Case for more than every day touching

A

collins

19
Q

Direct or indirect case

A

DPP v k

20
Q

continuing act

A

fagan

21
Q

Mens rea for battery

A

mens rea is intent, Mohan or recklessness Cunningham as to the application

22
Q

What is actual bodily harm contained in?

A

Actual bodily harm section 47 offense against the Person act 1861

23
Q

What is actual bodily harm for section 47 defined as

A

any assault or battery that causes ABH

24
Q

Actus reus for ABH and case

A

any assault or battery must result in a ABH,this is any hurt or injury calculated to interfere with the victims health or comfort of the victim
as established in miller

25
Q

ABH,can be psychiatric injury as long as and case

A

ABH can be psychiatric injury as long as it’s more than mere emotions, such as fear, distress or panic and includes momentary unconsciousness
TvDPP

26
Q

mens rea for ABH

A

must be that of the assault or battery, (Savage), no need for the defendant to realise the risk of harm

27
Q

GBH/wounding defined under

A

Section 20 offense against the Person act 1861

28
Q

Smith;Saunders

A

GBH held serious harm

29
Q

GBH includes serious psychiatric injury case

A

Burstow

30
Q

GBH and STIs case

A

Dica

31
Q

wounding + case

A

It has been held that the wound breaks away any continuity of the skin (Eisenhower)

32
Q

mens rea for section 20

A

The mens rea for section 20 is intent or recklessness as to whether some harm may occur (Cunningham)

33
Q

GBH and wounding section 18 offense against the Person act 1861 actus reus

A

The same as section 20

34
Q

Mens rea for section 18

A

intent to cause serious harm, direct intent, aim and purpose (Mohan) or oblique intent consequences is different but forseen as a virtual certainty (Nedrick and woollen.)

35
Q

examples of ABH

A

Harm consists of bruises, scratches, or bite marks will be sufficient

36
Q

Examples of grievously bodily harm

A

any injury resulting in permanent disability loss of sensory function of visible disfigurement. This can also be the case for act to result in broken bones, serious psychiatric injuries, and substantial loss of blood

37
Q

What is the key difference between section 18 and section 20

A

section 20 is intentionally or recklessly, causing serious harm or wounding
Section 18 is causing serious harm or wounding with intent

law paper 1 (21 decks)

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