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AQA Criminal Law > Non-Fatal offences > Flashcards

Non-Fatal offences Flashcards

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1
Q

Assault definition

A

An act where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. (Fagan v MPC)

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2
Q

Assault AR

A

An act which causes the victim to apprehend immediate unlawful violence. (Fagan v MPC)

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3
Q

Assault MR

A

intention or recklessness

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4
Q

Actus Reus (assault): An Act

A

R v Constanza: written words=assault
R v Ireland: Silence=assault

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5
Q

Actus Reus (assault): causing the victim to

A

Causation rules
Factual/Legal

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6
Q

Actus Reus (assault): Apprehend

two cases ?

A

R v Lamb: if v does not anticipate unlawful force= no assault
Logdon v DPP: does not need to be an actual threat for there to be an assault

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7
Q

Actus Reus (assault): Immediate

A

Smith v Chief super intendant of Woking police: immediate does not mean instantaneous but rather imminent
Tubervile v Savage: if words indicate that there will be no violence then there is no assault

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8
Q

Mens Rea (assault)

A

Intention: Fagan v MPC
Recklessness: R v Cunningham.

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9
Q

Assault sentencing:

A

S.39 Criminal Justice Act 1988: 6 months imprisonment and/or unlimited fine

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10
Q

Battery definition

A

R v Ireland: the defendant intentionally or recklessly applies unlawful force upon the victim

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11
Q

Battery AR:

A

Application of unlawful force

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12
Q

Battery MR:

A

Intention or Recklessness

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13
Q

Actus Reus (Battery): Application

A

Needs to be directly applied to the victim
DPP v K: need not be directly applied

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14
Q

Actus Reus (Battery): Unlawful

Public ?
Clothing ?

A

Force must be unlawful
Collins v Wilcock: implied consent in public places
R v Thomas: touching someone’s clothes is unlawful

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15
Q

Actus Reus (Battery): Force

A

Must be sufficient force to constitute Battery
Faulkner v Talbot: any touching will suffice, force need not be rude, hostile or aggressive

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16
Q

Actual Bodily Harm (ABH): def

A

An assault or battery occasioning ABH shall be liable to imprisonment for 5 years
S.47 OAPA 1861

17
Q

ABH AR:

A

Assault or battery which caused ABH

18
Q

ABH MR

A

Intention or recklessness to the assault or battery.

19
Q

ABH AR: An assault or battery

A

Apply law of Assault or Battery

20
Q

ABH AR: Occasioning

A

Causation applies

21
Q

ABH AR Actual Bodily Harm

A

R v Chan Fook
Actual: not so trivial to be wholly insignificant
Bodily: Not limited to skin, flesh and bone, can include psychiatric injury
Harm: Anything that goes against the health and comfort of the victim

22
Q

ABH: T v DPP:

consciousness?

A

Loss of consciousness, even momentarily, can amount to ABH

23
Q

ABH: R v Burstow:

psychiatric injury?

A

“Bodily harm” must be interpreted to include psychiatric injury `

24
Q

ABH MR: case

A

R v Roberts: intention or recklessness as to an assault or battery

25
Q

Grievous Bodily Harm

Act?

A

S.20 OAPA 1861

26
Q

S.20 OAPA 1861: definition

Type of wound?
how was it inflicted?
result?

A

Whoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon any person, either with or without any instrument, shall be guilty of an offence’

27
Q

S.20 OAPA 1861: sentencing

A

5 years imprisonment

28
Q

S.20 OAPA 1861

AR elements?

A

Unlawful
infliction
of a wound

29
Q

S.20 OAPA 1861: Unlawful and infliction

A

Consent has not been given
R v Burstow: infliction means to cause= Causation

30
Q

S.20 OAPA 1861: wound

A

JCC v Eisenhower: a wound is a cut or break in the continuity of the skin
R v wood: a broken bone is not a wound unless the skin is also broken

31
Q

S.20 OAPA 1861: GBH

defining case?
is wording relevant?
severity acording to….?
HIV?

A

DPP v Smith: GBH means really serious harm
R v Saunders: The word really is superfluous= serious harm
R v Bollom: the severity of injuries should be assed according to the victims age and health
R v Dica: infecting someone with HIV is GBH

32
Q

S.20 OAPA 1861: Mens rea

A

R v Cunningham (1957): The word maliciously means ‘intention or recklessness’. It does not require any ill will towards the person injured
R v Savage (1991): The defendant must intend or be reckless as to ‘some harm’

33
Q

S.18 OAPA 1861: AR

A

Same as S.20

34
Q

S.18 OAPA 1861: MR

A

R v Taylor (2009): Intention to wound is not enough for the mens rea of S.18. The defendant must have intended to cause GBH or prevent arrest
R v Nedrick (1998): Indirect intention is sufficient intention for S.18
R v Morrison (1989): Where the defendant is trying to resist arrest they must intend to resist the arrest but can be reckless as to whether their actions will cause injury

AQA Criminal Law (5 decks)

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