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Law Paper 1 - criminal law > non-fatal offences > Flashcards

non-fatal offences Flashcards

1
Q

assault - act

A
  • s39 criminal justice act
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2
Q

assault - actus reus

A
  • causing the victim to apprehend immediate or unlawful force
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3
Q

assault - actus reus 2 cases

A

r v constanza 1997 - written words satisfied the requirement

r v ireland 1997 - silent phone calls sufficed

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4
Q

assault - mens rea

A

intention or reckless as to the assault

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5
Q

assault - intention case

A

smith v chief superintendent of woking police station
- held that the v was frightened by his conduct and that was enough to satisfy immediate

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6
Q

assault - negating assault case

A
  • tuberville v savage
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7
Q

battery - actus reus

A
  • application of unlawful force to another person
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8
Q

battery - collins v wilcock

A
  • held that the police officer had committed battery and d was entitled to free herself
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9
Q

battery - r v thomas

A
  • touching a persons clothes classed as battery
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10
Q

battery - mens rea

A
  • intention or recklessness as to the battery
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11
Q

ABH - act

A

s 47 offences against the prison act 1861

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12
Q

ABH - actus reus

A
  • assault or battery occasioning abh
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13
Q

ABH - miller further defined it as

A
  • any hurt or injury calculated to interfere with the health or comfort of the victim
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14
Q

ABH - T v DPP-

A
  • loss of consciousness even momentarily was held to be ABH
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15
Q

ABH - battery case

A
  • DPP v Smith
  • Divisional Court held that cutting off a substantial amount of hair can be abh
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16
Q

ABH - R v C…

A
  • r v chan fook 1994
  • psychiatric harm can also be abh
17
Q

ABH - mens rea

A

intention or recklessness as to the assault or battery

18
Q

GBH s.20n - actus reus

A
  • inflict gbh
19
Q

GBH s.20 - further defined…

A
  • DPP v Smith
  • ‘really serious harm’
20
Q

GBH s.20 - case about HIV

21
Q

GBH s.20 - mens rea

A
  • intention or recklessness as to some harm
22
Q

GBH s.20 - malicious

A
  • cunningham 1957
  • didn’t require ill-will to victim
23
Q

wounding s.20 - actus reus

24
Q

wounding s.20 - not wounding case

A
  • JJC v Eisenhowver
25
Q

wounding s.20 - mens rea

A
  • intention or recklessness as to some harm
26
Q

GBH s.18 - actus reus

A

to cause GBH

27
Q

GBH s.18 - mens rea

A
  • intention to cause gbh
28
Q

wounding s.18 - actus reus

29
Q

wounding s.18 - mens rea

A

intention to cause gbh

Law Paper 1 - criminal law (3 decks)

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