Non- Fatal Offences Flashcards

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1
Q

Common assault includes…

A

Assault and battery

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2
Q

Act of parliament for common assault

A

S39 of the Criminal Justice Act 1988

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3
Q

Definition of assault

A

Intentionally/ recklessley causing the V to apprehend immediate unlawful violence (Fagen v MPC)

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4
Q

AR of assault

A
  1. Apprehend
  2. Immediate
  3. Unlawful violence
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5
Q

What does ‘apprehend’ mean?

A

Causing V to have a general awareness of violence

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6
Q

Case for apprehend

A

Smith v Supt of Woking Police

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7
Q

What does ‘immediate’ mean?

A

The unlawful violence could occur within a reasonable amount of time.

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8
Q

Case for immediate

A

Smith v Supt of Woking Police

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9
Q

HOW can the V apprehend this unlawful violence?

A

Actions, words, gestures, silent phone calls

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10
Q

Case for causing assault even when the D is joking

A

Logdon v DPP

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11
Q

Case for silent phone calls

A

R v Ireland

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12
Q

Case for threatening letters

A

R v Constanza

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13
Q

Case for threatening letters

A

R v Constanza

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14
Q

What does ‘words can nullify an assault’ mean?

A

Cancel the assault out

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15
Q

Case for words nullifying an assault

A

Tuberville v Savage

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16
Q

Mens rea for assault

A

Intention or recklessness

17
Q

Case for intention

A

R v Mohan

18
Q

Case for recklessness

A

R v Cunningham

19
Q

What is intention?

A

D aims or desires the outcome (R v Mohan)

20
Q

What is recklessness?

A

D realises risk and takes it anyway (R v Cunningham)

21
Q

Act of Parliament for ABH

A

S47 of the Offences Against the Persons Act 1861

22
Q

Define ABH

A

Common assault occasioning actual bodily harm

23
Q

Test 1 for ABH

A

Establish common assault - FULL assault or FULL battery AR

24
Q

Test 2 for ABH

A

Occasioning = causation

25
Q

Causation

A
  1. Factual = ‘but for’ (White)
  2. Legal = more than a minimal cause + operating and substantiating cause (Smith)
26
Q

Intervening acts

A
  1. Act of god
  2. Medical negligence (Cheshire)
  3. Third party (Smith)
  4. V’s own actions (Roberts)
27
Q

Test 3 for ABH

A

AR of ABH

28
Q

AR of ABH

A

Any hurt/ injury calculated to interfere with V’s health/ comfort (Miller)

More than trivial/ less than serious (Chan Fook)

29
Q

Case for psych harm - ABH

A

Chan Fook

30
Q

Test 4 for ABH

A

MR

31
Q

MR for ABH

A

Intent (Mohan)
Recklessness (Cunningham)

32
Q

Other rules under MR for ABH

A

Transferred malice (Latimer/ Mitchell/ Pembilton)

Strict liability (Gammon/ Sweet v Parsley)

Coincidence rule (Fagen v MPC/ Gammon)

33
Q

Act of Parliament for GBH

A

S18/ S20 of the Offences Against the Persons Act 1861

34
Q

Definition of GBH

A

D must unlawfully + maliciously wound or inflict grievous bodily harm.

35
Q

AR of GBH

A

Wounding (Morairity v Brookes) OR GBH ‘really serious harm’ (DPP v Smith)

36
Q

Case for psych harm - GBH

A

Burstow

37
Q

MR of S18

A

Direct intent to cause GBH (Belfon).

38
Q

MR for S20

A

Intent to cause ‘some harm’ (Mohan). OR

Reckless to cause ‘some harm’ (Cunningham).

39
Q

Other rules under MR for GBH

A

Transferred malice (Latimer/ Mitchell/ Pembilton)

Strict liability (Gammon/ Sweet v Parsley)

Coincidence rule (Fagen v MPC/ Gammon)