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LAW : Criminal (20) > non fatal offences > Flashcards

non fatal offences Flashcards

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1
Q

what act are non fatal offences found in?

A

Offences Against the Person Act (1861)

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2
Q

what are the non-fatal offences?

A
  • assault
  • battery
  • abh
  • gbh s.20
  • gbh s.18
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3
Q

assault

A
  • covered by common law and this is where we find the definition – (Collins v Wilcock)
  • charged under s.39 Criminal Justice Act 1988
  • summary offence with a maximum sentence of 6 months imprisonment
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4
Q

actus reus of assault

A

causing victim to apprehend the infliction of immediate unlawful force

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5
Q

mens rea of assault

A

intentionally or recklessly causing V to apprehend the infliction of immediate unlawful force

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6
Q

assault actus reus + mens rea

A

assault is intentionally or recklessly (mens rea) causing the victim to apprehend the infliction of immediate unlawful force (actus reus)

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7
Q

assault cases

A
  • logdon
  • arobieke
  • tuberville v savage
  • meade
  • ireland
  • constanza
  • smith v chief superintendent of working police
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8
Q

logdon

A

(fake gun) does not matter if the threat is empty, if the victim thinks it is going to happen, that is all that matters

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9
Q

arobieke

A

across train - had to actually be able to happen

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10
Q

tuberville v savage

A

words can negate an assault so if I say “I would hit you, but I am not going to” then there is no assault as the victim doesn’t apprehend force

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11
Q

meade

A

assault can be through words or singing

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12
Q

ireland

A

silent telephone calls can be an assault

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13
Q

constanza

A

threatening letters can be an assault

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14
Q

smith v chief superintendent of woking police station

A

changed the word “immediate” to “imminent” instead

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15
Q

what case defined ‘intentionally’?

A

Mohan definition – “decision to bring about a prohibited consequence”.

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16
Q

what case defined ‘recklessly’?

A

Cunningham definition - defendant knew there was a risk but decided to take it anyway

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17
Q

battery

A
  • covered by common law and this is where we find the definition – (Collins v Wilcock)
  • charged under s.39 Criminal Justice Act 1988
  • summary offence with a maximum sentence of 6 months imprisonment
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18
Q

actus reus of battery

A

application of unlawful force

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19
Q

mens rea of battery

A

intentionally or recklessly applying unlawful force

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20
Q

collins v wilcock

A

slightest touch is enough, does not have to be violent (must be physical force)

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21
Q

thomas (battery)

A

touching clothes is enough

22
Q

santana bermudez

A

can be done through an omission, if D had a duty to act (RARE)

23
Q

fagan

A

battery is a continuing act

24
Q

martin (battery)

A

indirect application of force is enough – does not have to
be direct

25
Q

DPP v K

A

reaffirmed Martin

26
Q

battery without an assault

A
  • this is possible – if victim unaware that unlawful force is about to be used on him e.g. sneaks up on him
  • AND DPP v Majewski (1976) - getting drunk is a reckless course of conduct and is sufficient for the mens rea of assault
27
Q

common assault

A
  • assault + battery
  • more common than individually
28
Q

abh s.47

A
  • defined in Section 47 of the Offences Against the Person Act (1861)
  • TEW offence with a maximum sentence of 5 years imprisonment
29
Q

where is abh defined?

A

miller

30
Q

what is abh defined as in miller?

A

“any harm calculated to interfere with the health or comfort of the victim”

31
Q

actus reus of abh

A

doing an assault or battery which occasions (causes) ABH

32
Q

mens rea of abh

A

intentionally or recklessly committing an assault or battery

33
Q

ireland (abh)

A

recognised psychiatric illness can count as ABH

34
Q

DPP v smith

A

cutting off a ponytail was sufficient to be ABH

35
Q

T v DPP

A

temporary loss of consciousness is sufficient to be ABH

36
Q

roberts (abh)

A

D guilty as committed battery and assault, so liable for the ABH

37
Q

gbh s.20

A
  • defined in Section 20 of the Offences Against the Person Act (1861)
  • It is a TEW offence with a maximum sentence of 5 years imprisonment
38
Q

actus reus of gbh s.20

A

wounding OR inflicting GBH

wound defined in eisenhower, gbh in saunders

39
Q

where is ‘wound’ defined?

A

Eisenhower - “a break in the continuity of the skin” (Wood)

40
Q

what case is gbh defined in?

A

Saunders as: “serious harm”

41
Q

mens rea of gbh s.20

A

recklessness or intention to do some harm

mohan + cunningham definitions

42
Q

burstow

A

harm can be psychiatric - stalking

s.20 gbh

43
Q

dica

A

harm can be reckless transfer of HIV

s.20 gbh

44
Q

lewis

A

harm can be indirect – jumped out window breaking both legs

s.20 gbh

45
Q

bollom

A

vulnerability of victim can elevate harm - baby – bruises and cuts

s.20 gbh

46
Q

gbh s.18

A
  • defined in Section 18 of the Offences Against the Person Act (1861)
  • indictable offence with a maximum sentence of discretionary life imprisonment
47
Q

actus reus gbh s.18

A

wounding or causing GBH

wound defined in eisenhower, gbh in saunders

48
Q

mens rea of gbh s.18

A

intention to cause serious harm

recklessness is insufficient, oblique intent can apply if relevant

49
Q

R v rowe

A

first case to convict for intentionally infecting V with HIV

s.18 gbh

50
Q

morrison (1989)

gbh s.18

A

D dragged police officer who was trying to arrest him through a window to try and escape. V was badly cut by the glass.

Court held that although he did not intend serious harm he was reckless (this would normally constitute a S.20 conviction however, when s.20 is combined with an attempt to resist or prevent arrest then it is upgraded to S.18)

s.18 gbh

LAW : Criminal (20) (16 decks)

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