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Law Paper 1 Criminal Law > non-fatal offences > Flashcards

non-fatal offences Flashcards

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1
Q

actus reus of assault

A

causing victim to apprehend immediate unlawful force

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2
Q

mens rea of assault

A

intention or recklessness as to causing the victim to apprehend immediate unlawful force

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3
Q

what are the three key elements within the actus reus of assault

A
  • an act
  • apprehend
  • immediate
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4
Q

case for words amounting to assault

A

R v Constanza

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5
Q

case for silence amounting to assault

A

R v Ireland

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6
Q

cases for gestures amounting to assault

A
  • Stephen v Myers
  • Logdon v DPP
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7
Q

case for words may negate an assault

A

Turberville v Savage

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8
Q

what is apprehend in assault

A

the victim must have a genuine belief that something violent is about to happen

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9
Q

key case for apprehend in assault

A

Logdon v DPP

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10
Q

key case for assault not occurring and victim not apprehending immediate unlawful force

A

R v Lamb

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11
Q

what is immediate in assault

A

fear of immediate force is necessary

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12
Q

key case for immediate in assault

A

Smith v CSWPS

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13
Q

what is direct intention + case

A

defendants main aim or purpose was to cause the victim…
Case is Mohan

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14
Q

what is recklessness + case

A

defendant knew there was a risk of… because of his actions but continued to take the risk
Case is Cunningham

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15
Q

actus reas of battery

A

applying unlawful force

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16
Q

case for touching victims clothing

A

R v Thomas

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17
Q

case for lack of consent

A

Collins v Wilcock

18
Q

cases for indirect act

A
  • DPP v K
  • Haystead v DPP
19
Q

case for continuing act

A

Fagan v MPC

20
Q

case for an omission causing battery

A

DPP v Santana-Bermudez

21
Q

mens rea of battery

A

intention or recklessness as to applying unlawful force

22
Q

actus reus of s.47

A

assault occasioning actual bodily harm

23
Q

what are the three key elements in s.47

A
  • assault
  • occasioning
  • actual bodily harm
24
Q

what does assault mean in s.47

A

‘assault’ means an assault or battery

25
Q

what does occasioning mean in s.47

A

means ‘causing’
Factual and legal causation needs to be proven

26
Q

how did R v Miller define ABH

A

‘any hurt or injury calculated to interfere with the health and comfort of the victim’

27
Q

what did R v Chan Fook establish in ABH

A

injury can’t be trivial or insignificant AND psychiatric harm could also amount to ABH providing that it’s more than ‘mere emotions’

28
Q

what are some examples of ABH

A
  • extensive bruising
  • broken nose
  • sprained ankle
29
Q

what is the mens rea of s.47

A

intention or recklessness as to the initial assault or battery

30
Q

what was established in R v Savage about ABH

A

defendant doesn’t need to intend or be reckless about causing ABH

31
Q

actus reus of S.20 OAPA 1861

A

unlawful and malicious wounding or inflicting GBH

32
Q

actus reus of S.18 OAPA 1861

A

unlawful and malicious wounding or causing GBH

33
Q

what was confirmed in R v Barstow about s.18 and s.20

A

inflicting means causing, making the actus reas of both offences identical

34
Q

what is the definition of wound + case

A

requires both layers of skin to have been broken
JJC v Eisenhower

35
Q

what is the definition of GBH + case

A

really serious harm
DPP v Smith

36
Q

what was established in R v Burstow about GBH

A

GBH includes serious psychiatric harm

37
Q

what was established in R v Brown and Stratton about GBH

A

combination of injuries can amount to GBH

38
Q

what was established in R v Bollom about GBH

A

particular characteristics of victim can be taken into account when deciding if GBH has been inflicted

39
Q

what is the mens rea of s.20

A

intention or recklessness to inflict some harm

40
Q

what is the mens rea of s.18

A

intention to cause GBH or resist/prevent arrest

41
Q

what is indirect intention + case

A

the reasonable person could foresee GBH was virtually certain to occur from such actions and the defendant realised this
Woolin

42
Q

what was established in R v Taylor

A

an intention to wound is not enough for the mens rea of s.18

Law Paper 1 Criminal Law (16 decks)

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