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Criminal Law (AQA) > Non-fatal Offences > Flashcards

Non-fatal Offences Flashcards

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1
Q

What is assault? name the key case

A

Causing the V fear (Collins v Wilcock) Lord Goff defined as ‘an act that causes the V to apprehend immediate, unlawful force’

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2
Q

What is the first section of assault? name the key case and side rule

A

An act - words, gestures, silence (Ireland)
Side rule - sending letters/emails/text messages can be an act (Constanza)

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3
Q

What is the second section of an assault? name the key case

A

The act must cause apprehension, V must believe threat is real (Lamb)

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4
Q

What is the side rule for apprehension in assault?

A

even if the threat was in jest (a joke) it is still assault if the V is genuinely scared (Logden)

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5
Q

What is section three of assault? name the key case

A

the threat of force must be immediate (Smith v Chief of Woking Police)

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6
Q

What is the side rule for ‘immediate force’ for assault?

A

Words may cancel an assault, if it is made clear by the D that there is no real threat (Turberville v Savage)

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7
Q

What is the mens rea for assault?

A

intention (Mohan) or recklessness (Cunningham) that cause the V to apprehend immediate unlawful force - confirmed in Venna

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8
Q

What is a battery?

A

defined by Lord Goff as ‘D unlawfully touches the V’ (Collins v Wilcock)

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9
Q

What is the actus reus for battery?

A

Lord Goff (Collins v Wilcock) - ‘Any touching, however slight, may amount to a battery’
(Wilson v Pringle) - touching must be ‘hostile or aggressive’

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10
Q

What are the side rules for a battery?

A

Clothing - whilst wearing is the same as touching directly (Thomas)
Indirect touching - battery can be committed indirectly (Martin)

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11
Q

What is ABH? name the key act

A

defined as ‘assault occasioning actual bodily harm’ under S.47 Offences Against Person Act 1861

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12
Q

What are the three parts of ABH?

A

1) ‘Common assault’ (assault or battery)
2) ‘occasions’ causation issues
3) ‘actual bodily harm injuries’

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13
Q

What do the two cases say about ABH injuries?

A

Miller - ‘any hurt or injury calculated to interfere with the health or comfort of the V, but it has to be more than trifling’
Chan fook - ‘the injury should not be so trivial as to be wholly insignificant’

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14
Q

What are the examples of ABH injuries? (8)

A

-Multiple bruising
-Loss of a tooth
-Temporary loss of sensory function
-Small broken bones
-Minor cuts requiring treatment
-Psychiatric injury
-Cutting of V’s hair
-Loss of consciousness (T v DPP)

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15
Q

What are the two types of GBH? name the key act

A

S.20 - Malicious wounding
S.18 - GBH with intent
Both from Offences Against Person Act 1861

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16
Q

What is the definition of S.20 GBH?

A

To inflict wounds of GBH with intention or recklessness to inflict some harm - max 5 years, basic intent offence

17
Q

What is the definition of S.18 GBH?

A

Intention to cause the V GBH injuries or intent to resist arrest (Morrison) - max sentence is life, specific intent offence

18
Q

What is the actus reus for GBH?

A

D causes either a wound or GBH injuries
Wounding - both layers of skin must be broken (JCC v Eisenhower)
GBH injuries - “nothing more or less than really serious harm, but it does not need to be life threatening” (DPP v Smith)

19
Q

What are the examples of GBH injuries? (7)

A

-Serious cuts/wounds
-Broken bones
-Injuries requiring lengthy treatment
-Substantial blood loss
-Permanent loss of sensory function
-Serious psychological injuries (Ireland/Burstow)
-Biological harm (Dica)

20
Q

What are the two side rules of GBH?

A

Vulnerable victims - age and health taken into account which can increase severity (Bollom)
Accumulation of injuries - can amount to GBH together (Brown&Stratton)

21
Q

What is the mens rea for S.20 GBH?

A

Intention (Mohan) or recklessness (Cunningham) to cause some injury (Mowatt)

22
Q

What is the mens rea for S.18 of GBH?

A

Intention to cause GBH or resist arrest and GBH injuries are caused (Morrison)

23
Q

What is the mens rea for a battery?

A

intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V - confirmed in Venna

Criminal Law (AQA) (10 decks)

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