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My Law Revision Cards > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

What is the key word for an assault ?

A

Fear

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2
Q

What is the definition of assault ?

A

Lord Goff in Collins v Wilcock - an act which causes the v to apprehend immediate unlawful force

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3
Q

What are the 3 parts to the Actus Reus of an assault ?

A

1) An act
2) Which causes the v to apprehend
3) Immediate force

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4
Q

For assault, the d must do an act which can be ….

A

Words, gestures or even silence (Ireland )

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5
Q

What is the side rule for the act of an assault ?

A

Constanza- sending letters / emails / text messages can be an act

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6
Q

What is the second part of the Actus Reus for an assault ?

A

The act must cause the v to apprehend force

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7
Q

What does lamb so about the apprehension for an assault ?

A

No apprehension, no assault

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8
Q

What does the term apprehend mean ?

A

The v must believe that the threat is genuine / real

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9
Q

What is the side rule for apprehension ?

A

Logden - even if the D meant the threat as a joke it is still assault if the V was sufficiently frightened

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10
Q

What is third part for the Actus Reus for an assault ?

A

The threat of force must be immediate

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11
Q

Which case created that the threat of force must be immediate was subjective to the V

A

Smith v Chief of Woking police

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12
Q

What is the side rule for the threat of force must be immediate?

A

Tuberville v savage - words may negative the assault eg if I didn’t attend rsfc I’d break your nose

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13
Q

What is the men’s rea for an assault ?

A

The intention ( Mohan) or recklessness ( Cunningham ) to do an act which causes the v to apprehend immediate unlawful force

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14
Q

What is a battery ?

A

Eg slap, push, punch

No injuries / minor injuries

D has made contact with the V

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15
Q

What is the key word for a battery ?

A

Contact

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16
Q

What is the definition of a battery ?

A

Lord goff in Collins v wilcock- “The actual infliction of unlawful force”

17
Q

What is the first part of the Actus Reus for a battery ?

A

Lord goff in Collins v wilcock - “ Any touching however slight may amount to a battery “

18
Q

What is the side rule for touching in a battery ?

A

Clothing - touching the v’s clothes while they are wearing them, is almost like touching the v’s skin ( Thomas )

19
Q

What does the case of Martin state about touching in a battery ?

A

Indirect battery is still a battery ( Booby trap or malice style touching )

20
Q

For a battery the touching must be unlawful meaning ……

A

“Hostile or aggressive” ( Wilson v Pringle )

21
Q

What is the Mens Rea for a battery ?

A

The intention ( Mohan ) or recklessness ( Cunningham ) to inflict unlawful force on the V ( Venna )

22
Q

What is the key word for an ABH ?

A

Injury

23
Q

What is the definition of ABH ?

A

S.47 Offences against the person act 1861 as “ A common assault that occasions actual bodily harm “

24
Q

How many parts of the actus Reus is there for an ABH ?

A

3 parts

25
Q

What is the first part of the Actus Reus for an assault ?

A

The D must have committed an assault or a battery

Outline the Actus Reus only of an assault or a battery

26
Q

What is the second part of the Actus Reus of an ABH ?

A

The assault/battery must have occasioned ( caused ) the injuries

This is an issue of causation

27
Q

What is the third part of the actus Reus for an assault ?

A

The V must have suffered ABH injuries

28
Q

What is the case of law for the third part of the Actus Reus for an ABH ?

A

Miller- “any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling”

29
Q

What does the case of Chan Fook say about the injury ?

A

“The injury should be so trivial as to be wholly significant”

30
Q

What are some examples of ABH injuries ?

A

Extensive/ multiple bruising
Temporary loss of sensory function
Psychiatric injury- mild or temporary (Ireland/Burstow)
Broken nose ,toes, fingers or hairline fracture of another bone
Temporary loss of consciousness ( fainting) T v DPP
Cutting the v’s hair (smith)
minor cuts requiring medical attention
chipped/loss of a tooth

31
Q

What does GBH involve ?

A

A serious injury

32
Q

What are the two types of GBH ?

A

Section 18
Section 20

33
Q

What is the definition of section 18 GBH ?

A

Where the D intended to inflict GBH injuries on the V, or intended to resist arrest but which caused the v GBH injuries in the process

34
Q

What is the definition section 20 of GBH ?

A

Where the D did not intend to inflict GBH but intended or was reckless as to inflict some harm on the v

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