non-fatal offences Flashcards
1
Q
assault - act
A
- s39 criminal justice act
2
Q
assault - actus reus
A
- causing the victim to apprehend immediate or unlawful force
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
4
Q
assault - mens rea
A
intention or reckless as to the assault
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
6
Q
assault - negating assault case
A
- tuberville v savage
7
Q
battery - actus reus
A
- application of unlawful force to another person
8
Q
battery - collins v wilcock
A
- held that the police officer had committed battery and d was entitled to free herself
9
Q
battery - r v thomas
A
- touching a persons clothes classed as battery
10
Q
battery - mens rea
A
- intention or recklessness as to the battery
11
Q
ABH - act
A
s 47 offences against the prison act 1861
12
Q
ABH - actus reus
A
- assault or battery occasioning abh
13
Q
ABH - miller further defined it as
A
- any hurt or injury calculated to interfere with the health or comfort of the victim
14
Q
ABH - T v DPP-
A
- loss of consciousness even momentarily was held to be ABH
15
Q
ABH - battery case
A
- DPP v Smith
- Divisional Court held that cutting off a substantial amount of hair can be abh
