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Non-fatal offences Flashcards

1
Q

What is assault and battery charged under?

A

S.39 of the Criminal Justice Act 1988

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2
Q

Assault AR

A

Causing someone to fear the immediate application of unlawful force

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3
Q

causing someone to fear the immediate application of unlawful force

A

Assault AR

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4
Q

Intentionally or recklessly causing someone to fear the immediate application of unlawful force

A

Assault MR

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5
Q

Assault MR

A

Intentionally or recklessly causing someone to fear the immediate application of unlawful force

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6
Q

‘Immediate’ does not mean instantaneous but imminent

A

Smith v Chief Superintendent of Woking Police Station 1983

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7
Q

Smith v Chief Superintendent of Woking Police Station 1983

A

‘Immediate’ does not mean instantaneous but imminent

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8
Q

Written threatening words can be assault

A

Constanza 1997

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9
Q

Constanza 1997

A

Written threatening words can be assault

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10
Q

Misalati 2017

A

Verbal threatening words can be assault

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11
Q

Verbal threatening words can be assault

A

Misalati 2017

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12
Q

Lamb 1967

A

The person being assaulted has to be afraid

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13
Q

The person being assaulted has to be afraid

A

Lamb 1967

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14
Q

Battery AR

A

application of unlawful force to another by direct or indirect means

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15
Q

application of unlawful force to another by direct or indirect means

A

Battery AR

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16
Q

Battery MR

A

intention or subjective recklessness to apply an unlawful force to another

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17
Q

intention or subjective recklessness to apply an unlawful force to another

A

Battery MR

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18
Q

Indirect battery

A
  • DPP v K 1990
  • Haystead 2000
  • Santa-Bermudez 2003
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19
Q
  • DPP v K 1990
  • Haystead 2000
  • Santa-Bermudez 2003
A

Indirect battery

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20
Q

Direct battery

A
  • Pegram 2019
  • Barnes 2004
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20
Q
  • Pegram 2019
  • Barnes 2004
A

Direct battery

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21
Q

Pegram 2019

A

Allowed to make moderate and generally acceptable physical contact with another person to attract their attention

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22
Q

Allowed to make moderate and generally acceptable physical contact with another person to attract their attention

A

Pegram 2019

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23
Q

Barnes 2004

A

allowed to commit battery whilst playing a game that involves application of force to other, as participation in the game is considered consent

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24
Q

allowed to commit battery whilst playing a game that involves application of force to other, as participation in the game is considered consent

A

Barnes 2004

25
Q

What is S.47

26
Q

S.47 AR

A

assault occasioning actual bodily harm

27
Q

assault occasioning actual bodily harm

28
Q

S.47 MR

A

Intentionally or recklessly causing someone to apprehend the immediate application of unlawful force

29
Q

Intentionally or recklessly causing someone to apprehend the immediate application of unlawful force

30
Q

T v DPP 2003

A

Loss of consciousness is sufficient for actual bodily harm

31
Q

Loss of consciousness is sufficient for actual bodily harm

A

T v DPP 2003

32
Q

‘Bodily’ can include identifiable psychiatric harm

A
  • Chan Fook 1994
  • Ireland 1997
33
Q
  • Chan Fook 1994
  • Ireland 1997
A

‘Bodily’ can include identifiable psychiatric harm

34
Q

Silence can be assault

A

Ireland 1997

35
Q

Ireland 1997

A

Silence can be assault

36
Q

Physical pain is not necessary

A
  • Chan Fook 1994
  • Ireland 1997
  • Smith 2006
37
Q
  • Chan Fook 1994
  • Ireland 1997
  • Smith 2006
A

Physical pain is not necessary

38
Q

cutting a substantial amount of someone’s hair can be ABH

A

Smith 2006

39
Q

Smith 2006

A

cutting a substantial amount of someone’s hair can be ABH

40
Q

Consent is invalid if serious harm is intended

A
  • BM 2018
  • Brown 1994
  • Dica 2004
41
Q
  • BM 2018
  • Brown 1994
  • Dica 2004
A

Consent is invalid if serious harm is intended

42
Q

S. 18 AR

A

Unlawfully and maliciously wounding or inflicting GBH

43
Q

Unlawfully and maliciously wounding or inflicting GBH

44
Q

S.18 MR

A

Unlawfully and maliciously wounding or inflicting GBH with the intention of causing GBH

45
Q

Unlawfully and maliciously wounding or inflicting GBH with the intention of causing GBH

46
Q

S.20 AR

A

Unlawfully inflicting a wound or GBH

47
Q

Unlawfully inflicting a wound or GBH

48
Q

Burstow 1997

A
  • Cause and inflict are the same
  • psychiatric harm can be either GBH or ABH
49
Q
  • Cause and inflict are the same
  • psychiatric harm can be either GBH or ABH
A

Burstow 1997

50
Q

A wound is a ‘breach of the continuity of the skin’

A

Eisenhower 1983

51
Q

Eisenhower 1983

A

A wound is a ‘breach of the continuity of the skin’

52
Q

Whether or not ABH or GBH depends on the vulnerability of the victim

A

Bollom 2004

53
Q

Bollom 2004

A
  • Whether or not ABH or GBH depends on the vulnerability of the victim
  • Must consider whether or not the victim can recover
54
Q

S.20 maximum sentence

54
Q

S.47 maximum sentence

55
Q

S.18 maximum sentence

56
Q

Maximum sentence for battery or GBH

A

6 months or a fine

57
Q

No difference between ‘serious’ and ‘really serious’

A

Smith 1961 confirmed in Saunders 1985

58
Q

Smith 1961 confirmed in Saunders 1985

A

No difference between ‘serious’ and ‘really serious’

59
Q

Must consider whether or not the victim can recover

A

Bollom 2004

60
Q

Bollom 2004

A

Must consider whether or not the victim can recover

Criminal law (19 decks)

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