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Criminal LAW > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

1
Q

Assault: governed by

A

S39 criminal justice act 1988

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2
Q

Assault: assault requires the d conduct to cause the v to fear…

A

Immediate unlawful force

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3
Q

Assault: word, gestures and silence can be assault

A

Ireland

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4
Q

Assault: words can cancel out a threat

A

Tubervilla v Savage

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5
Q

Assault: the V must fear immediate unlawful force

A

Lamb

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6
Q

Assault: the D fears immediate unlawful force at some point in time not excluding the future

A

Constanza

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7
Q

Assault: D intended to cause the V to fear immediate unlawful force

A

Mohan

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8
Q

Assault: there is a risk of some harm from the D conduct, they realised this and still chose to take the risk

A

Cunningham

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9
Q

Battery: battery is the actual … of unlawful force to another person

A

Infliction

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10
Q

Battery: is governed by

A

S39 Criminal justice act 1988

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11
Q

Battery: slightest touch is sufficient for battery

A

Wilcock

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12
Q

Battery: everyday jostling isn’t sufficient for battery

A

Wilson v Pringle

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13
Q

Battery: touching a person clothing is sufficient for battery

A

Thomas

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14
Q

Battery: battery can be cause by a continuing act

A

Fagan

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15
Q

Battery: battery can be caused indirectly

A

K

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16
Q

Battery: can be caused by an omission

A

Santana-Bermudez

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17
Q

Battery: direct intent

A

Mohan

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18
Q

Battery: there is a risk of some harm from the D conduct, they realised this and still chose to take the risk

A

Cunningham

19
Q

ABH: interferes with the health or comfort of the V and is not transient (temporary) or trifling (minor)

A

Miller

20
Q

ABH: can be psychiatric harm, must be medically diagnosed from the event

A

Chan-fook

21
Q

ABH: cutting a substantial amount of hair is an example of ABH

A

Smith

22
Q

ABH: loss of consciousness is an example of ABH

A

T

23
Q

ABH: it is irrelevant that the D did not foresee or intend ABH to be caused

A

Savage

24
Q

ABH: is governed by

A

S47 Offence against the person act 1861

25
Q

GBH: governed by

A

S18 and S20 Offence against the person act 1861

26
Q

GBH: D caused GBH to the V

A

S18 GBH

27
Q

GBH: D inflicted GBH to the V

A

S20 GBH

28
Q

GBH: inflict and cause mean the same

A

Burstow

29
Q

GBH: is serous harm

A

Saunders

30
Q

GBH: age and health of the V can be considered when deciding if the harm is GBH

A

Bollom

31
Q

GBH: knowing taking the risk of transmitting a disease to another can be GBH

A

Dica

32
Q

GBH: psychiatric harm can be constitute

A

Burstow

33
Q

GBH: S18 direct intent

A

Mohan

34
Q

GBH: S18, virtually certain that death or GBH would result from the Ds conduct, although it was not their main goal, they realised it.

A

Woollin

35
Q

GBH: S18, intended to resist arrest

A

Morrison

36
Q

GBH: S20, intend to cause some harm

A

Mowatt

37
Q

GBH: S20, recklessness

A

Cunningham

38
Q

Wounding: governed by

A

S18 and S20 offence against the person 1861

39
Q

Wounding: both layers of skin had to be broken to constitute to a wound

A

Eisenhower

40
Q

Wounding: S18, intended to cause GBH

A

Taylor

41
Q

Wounding: S18, intended to resist arrest

A

Morrison

42
Q

Wounding: S20, intended to only wound

A

Taylor

43
Q

Wounding: S20, intended to cause some harm

A

Mowatt

44
Q

Wounding: S20, recklessness

A

Cunningham

Criminal LAW (6 decks)

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