Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal law > Non-fatal offences > Flashcards

Non-fatal offences Flashcards

1
Q

What is assault and battery charged under?

A

S.39 of the Criminal Justice Act 1988

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Assault AR

A

Causing someone to fear the immediate application of unlawful force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

causing someone to fear the immediate application of unlawful force

A

Assault AR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

Assault MR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Assault MR

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

‘Immediate’ does not mean instantaneous but imminent

A

Smith v Chief Superintendent of Woking Police Station 1983

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Smith v Chief Superintendent of Woking Police Station 1983

A

‘Immediate’ does not mean instantaneous but imminent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Written threatening words can be assault

A

Constanza 1997

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Constanza 1997

A

Written threatening words can be assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Misalati 2017

A

Verbal threatening words can be assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Verbal threatening words can be assault

A

Misalati 2017

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Lamb 1967

A

The person being assaulted has to be afraid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The person being assaulted has to be afraid

A

Lamb 1967

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Battery AR

A

application of unlawful force to another by direct or indirect means

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

application of unlawful force to another by direct or indirect means

A

Battery AR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Battery MR

A

intention or subjective recklessness to apply an unlawful force to another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

intention or subjective recklessness to apply an unlawful force to another

A

Battery MR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Indirect battery

A
  • DPP v K 1990
  • Haystead 2000
  • Santa-Bermudez 2003
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q
  • DPP v K 1990
  • Haystead 2000
  • Santa-Bermudez 2003
A

Indirect battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Direct battery

A
  • Pegram 2019
  • Barnes 2004
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q
  • Pegram 2019
  • Barnes 2004
A

Direct battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Pegram 2019

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

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

A

Pegram 2019

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
allowed to commit battery whilst playing a game that involves application of force to other, as participation in the game is considered consent
Barnes 2004
25
What is S.47
ABH
26
S.47 AR
assault occasioning actual bodily harm
27
assault occasioning actual bodily harm
S.47 AR
28
S.47 MR
Intentionally or recklessly causing someone to apprehend the immediate application of unlawful force
29
Intentionally or recklessly causing someone to apprehend the immediate application of unlawful force
S.47 MR
30
T v DPP 2003
Loss of consciousness is sufficient for actual bodily harm
31
Loss of consciousness is sufficient for actual bodily harm
T v DPP 2003
32
‘Bodily’ can include identifiable psychiatric harm
- Chan Fook 1994 - Ireland 1997
33
- Chan Fook 1994 - Ireland 1997
‘Bodily’ can include identifiable psychiatric harm
34
Silence can be assault
Ireland 1997
35
Ireland 1997
Silence can be assault
36
Physical pain is not necessary
- Chan Fook 1994 - Ireland 1997 - Smith 2006
37
- Chan Fook 1994 - Ireland 1997 - Smith 2006
Physical pain is not necessary
38
cutting a substantial amount of someone’s hair can be ABH
Smith 2006
39
Smith 2006
cutting a substantial amount of someone’s hair can be ABH
40
Consent is invalid if serious harm is intended
- BM 2018 - Brown 1994 - Dica 2004
41
- BM 2018 - Brown 1994 - Dica 2004
Consent is invalid if serious harm is intended
42
S. 18 AR
Unlawfully and maliciously wounding or inflicting GBH
43
Unlawfully and maliciously wounding or inflicting GBH
S. 18 AR
44
S.18 MR
Unlawfully and maliciously wounding or inflicting GBH with the intention of causing GBH
45
Unlawfully and maliciously wounding or inflicting GBH with the intention of causing GBH
S.18 MR
46
S.20 AR
Unlawfully inflicting a wound or GBH
47
Unlawfully inflicting a wound or GBH
S.20 AR
48
Burstow 1997
- Cause and inflict are the same - psychiatric harm can be either GBH or ABH
49
- Cause and inflict are the same - psychiatric harm can be either GBH or ABH
Burstow 1997
50
A wound is a 'breach of the continuity of the skin'
Eisenhower 1983
51
Eisenhower 1983
A wound is a 'breach of the continuity of the skin'
52
Whether or not ABH or GBH depends on the vulnerability of the victim
Bollom 2004
53
Bollom 2004
- Whether or not ABH or GBH depends on the vulnerability of the victim - Must consider whether or not the victim can recover
54
S.20 maximum sentence
5 years
54
S.47 maximum sentence
5 years
55
S.18 maximum sentence
life
56
Maximum sentence for battery or GBH
6 months or a fine
57
No difference between ‘serious’ and ‘really serious’
Smith 1961 confirmed in Saunders 1985
58
Smith 1961 confirmed in Saunders 1985
No difference between ‘serious’ and ‘really serious’
59
Must consider whether or not the victim can recover
Bollom 2004
60
Bollom 2004
Must consider whether or not the victim can recover

Criminal law (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions