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Law paper 1 > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

Assault is defined in…

A

common law

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2
Q

AR of assault

A

causing V to apprehend immediate unlawful force

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3
Q

Gestures/actions can be an assault

A

Read v Coker

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4
Q

Spoken words or silence can be an assault

A

R v Ireland

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5
Q

Written words can be an assault

A

R v Constanza

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6
Q

Negating an assault

A

Tuberville v Savage

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7
Q

V felt fear and apprehended force

A

DPP v Logdon

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8
Q

Immediate means in near future

A

Smith v CCoW

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9
Q

MR of assault

A

Recklessly or intentionally causing V to apprehend immediate unlawful force

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10
Q

Direct intention - aims to bring about prohibited consequence

A

R v Mohan

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11
Q

Recklessness - realises risk but carries on regardless

A

R v Cunningham

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12
Q

Transferred malice

A

R v Latimer

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13
Q

Transferred malice doesn’t apply if crime changes

A

R v Pembleton

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14
Q

Coincidence

A

AR and MR must happen at same time

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15
Q

AR before MR

A

Continuing acts - Fagan v MPC

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16
Q

MR before AR

A

single transaction theory - R v Thabo Meli

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17
Q

Battery is defined in…

A

common law

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18
Q

AR of battery

A

to apply unlawful force onto another person

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19
Q

-only slightest touch is required
-clothes are an extension of a person

A

R v Thomas

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20
Q

unlawful force = hostile

A

Wilson v Pringle - means unwanted and beyond ordinary jostlings of everyday life

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21
Q

Force can be applied via a continuing act

A

Fagan v MPC

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22
Q

Force can be applied indirectly (eg by an object)

A

DPP v K

23
Q

Force can be applied by an omission but only where D has duty to act and fails to do so

A

DPP v Santana-Bermudez

24
Q

MR of battery

A

Intention or recklessness to apply unlawful force onto another person

25
Q

AR of ABH

A

Assault or battery which causes ABH to another person

26
Q

3 elements to ABH

A
  1. AR of assault or battery
  2. V suffers an injury which counts as ABH
  3. Assault/battery caused that injury
27
Q

ABH means harm cannot be so trivial as to be wholly insignificant

A

R v Chan Fook

28
Q

Psychiatric harm counts as ABH but emotions do not

A

R v Chan Fook

29
Q

Cutting off a persons hair can be ABH

A

DPP v Smith

30
Q

Even a short loss of consciousness can be ABH

A

T v DPP

31
Q

What other injury’s can be ABH

A

bruising
minor breaks
minor fractures/sprains
chipped teeth

32
Q

Factual causation

A

But for test
R v Pagett

33
Q

Legal causation

A

Operative and substantial test
R v Smith

34
Q

When do intervening acts break chain of causation

A

When they are unreasonable and unforeseeable

35
Q

Thin skull rule never breaks chain of causation

A

R v Blaue

36
Q

MR of ABH

A

Same as MR of assault or battery

37
Q

ABH - D doesn’t need to realise a risk or intend harm

A

R v Savage

38
Q

Wounding found?

A

S20 and S18 OAPA 61

39
Q

AR of wounding

A

to unlawfully wound a person

40
Q

A wound is a cut or break in at least 2 layers of skin

A

JCC v Eisenhower

41
Q

MR of S20 wounding (malicious wounding)

A

Direct intent or recklessness to cause SOME harm
R v Mowatt

42
Q

Oblique intention

A

R v Woolin

43
Q

MR of S18 wounding (wounding with intent)

A

Direct or oblique intention to cause REALLY SERIOUS harm
R v Belfon

44
Q

Factors indicating intent

A

Prior threats
Weapon
Repeated/sustained attack
Attack to critical area

45
Q

GBH found?

A

S20 or S18 OAPA 61

46
Q

AR of GBH

A

to unlawfully inflict/cause GBH on a person

47
Q

GBH means really serious harm and injury’s do not have to be life threatening

A

DPP v Smith

48
Q

GBH can be serious psychiatric harm

A

R v Burstow

49
Q

GBH can be serious biological harm

A

R v Dica

50
Q

GBH can be an accumulation of minor injuries

A

R v Brown and Stratton

51
Q

Age and health are factors that can be considered when deciding if injuries are serious enough to be GBH

A

R v Bollom

52
Q

GBH can be committed indirectly

A

R v Martin

53
Q

MR of GBH

A

Same as wounding (S20 some and S18 really serious)

Law paper 1 (8 decks)

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