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Law - Y12 > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

What type of offence is assault?

A

Common Law and Summary

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2
Q

What type of offence is battery?

A

Common Law

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3
Q

What type of offence is assault (ABH)?

A

Statute

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4
Q

What type of offence is Maliciously inflicting GBH?

A

Statute

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5
Q

What type of offence is malcious wounding?

A

Statute

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6
Q

What type of offence is Maliciously causing GBH with intent to resist arrest?

A

Statute

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7
Q

What type of offence is Malicious wounding with intent to resist arrest?

A

Statute

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8
Q

R v Logdon

A

D showed V a replica gun, he told her he would hold her prisoner until she paid. V had reasonable fear and despite the threat not being carried out, D was convicted of assault.

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9
Q

R v Constanza

A

D wanted a relationship with V. D sent her V 800 letters and followed her, V developed major depression and anxiety.

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10
Q

R v Ireland and Burstow

A

D’s repeatedly called women and remained silent or simulated heavy breathing, the women developed psychological damage.

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11
Q

R v Savage

A

D threw beer over V, glass smashed and cut V’s wrist. They had a previous negative relationship and D was charged with malicious and unlawful wounding.

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12
Q

Haystead v DPP

A

D punched a woman holding her baby, although direct force was not to the baby D was convicted of battery.

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13
Q

DPP v K

A

D, a 15 Year Old boy who took acid from his class, he poured it into a hand dryer and it was indirect battery.

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14
Q

R v Thomas

A

D convicted of assault on female students, this was for touching clothes and touching - Battery

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15
Q

Wood v DPP

A

D challenged the Police Officer for obstructing a Police Officer and threatening behaviour, he struggled to escape from a police officer.

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16
Q

R v Santana - Bermudez

A

Police Woman asked D if he had sharp objects in pocket, D said no and police woman stabbed y needle. D convicted of battery (ABH).

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17
Q

Fagan v MPC

A

D was in his car, a police officer asked him to over, he rolled on the officer’s foot. D refused to move and was charged with assaulting a police officer.

18
Q

T v DPP

A

V was approached by a group of boys who attacked him. D caused V to lose consciousness and a police officer intervened. D was convicted of ABH.

19
Q

DPP v Smith

A

Smith asked to stop by the constable, didn’t, the constable jumped and fell off and died. D convicted of manslaughter.

20
Q

R v Saunders

A

D attempted to poison his wife through an apple, daughter ate it, convicted of daughter’s murder.

21
Q

R v Bollom

A

D inflicted harm on partner’s baby, including bruises and cuts. Guilty of abh opposed to gbh as it was over a prolonged period of time.

22
Q

R v Taylor

A

D convicted of unlawful wounding, he attacked a complaintant with a fork and knife.

23
Q

What is the definition of Assault?

A

An act in which a person intentionally or recklessly causes another to apprehend immediate unlawful violence.

24
Q

How can Assault be committed?

A

Words alone (Constanza), Silent calls (Ireland and Burstow) or Deeds (Logdon, Light)

25
Q

What is the definition of battery?

A

By act, omission, or indirectly, D intentionally or recklessly applies unlawful force to another.

26
Q

How can Assault be committed?

A

Through Act or Omission

27
Q

What is the meaning of ‘apprehend’?

A

V being aware that they may be subjected to immediate unlawful violence. R v Lamb

28
Q

What is the meaning of immediate?

A

Any time in the future including the immediate future. Smith v CS Woking Police Station

29
Q

Case for assault - words alone?

A

R v Constanza

30
Q

Case for assault- deeds / gestures?

A

R v Logdon

31
Q

Case for assault - silence?

A

R v Ireland and Burstow

32
Q

MR for Assault

A

Intention or recklessness as to causing the victim to apprehend immediate and unlawful violence.

33
Q

AR of Assault

A

An act as to causing the victim to apprehend immediate and unlawful violence.

34
Q

AR of Battery

A

The application of unlawful force on another.

35
Q

MR of Battery

A

Intention or recklessness as to applying unlawful force.

36
Q

AR of Assault occasioning ABH

A

The defendant must commit an assault or battery which causes the victim to suffer actual bodily harm.

37
Q

MR for Assault occasioning ABH

A

Same for assault or battery.

38
Q

R v Venna

A

D struggled with police officers broke the officers finger - Battery MR

39
Q

Collins v Willcock

A

D refused to talk to a policewoman and she grabbed him, this was battery.

40
Q
A

Law - Y12 (3 decks)

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