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LAW 1&2 > non fatal offences > Flashcards

non fatal offences Flashcards

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1
Q

what are the two types of common assault

A

battery and assault

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2
Q

define battery

A

unlawful force

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3
Q

define assault

A

apprehending immediate violence

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4
Q

what are the sections of common assault

A

S47 ABH
S18 GBH
S20 GBH

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5
Q

where are the maximum sentences for common assault outlined

A

criminal justice act 1988

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6
Q

what are the maximum sentences for common assault

A

6 months imprisonment
£5000 fine

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7
Q

where is technical assault defined

A

r v nelson

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8
Q

what is technical assault defined as

A

an act which causes the victim to apprehend immediate personal violence with the intention or recklessness to whether this fear is caused by

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9
Q

what type of intent is technical assault

A

basic

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10
Q

what case shows technical assault can be intended or reckless

A

r v light

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11
Q

what does it mean to apprehend immediate violence

A

if it is obvious there will be no use of force, it is not assault

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12
Q

what case shows that d must apprehend immediate personal violence to establish assault

A

r v lamb

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13
Q

what effect do verbal cues have on technical assault

A

they can negate the assault, as proof there will be no force

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14
Q

what case shows verbal cues may negate the assault

A

tuberville v savage

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15
Q

what is the actus reus of technical assault

A

d must do an act, either verbal or physical, which causes someone to fear harm

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16
Q

what does immediate mean in technical assault

A

imminent

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17
Q

what must the force be to establish common assault

A

unlawful, ie being tackled in rugby is not an offence

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18
Q

give a case example for the actus reus of technical assault

A

smith v cs of woking police station

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19
Q

where is battery defined

A

faulker v talbot

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20
Q

what case shows touching can establish battery

A

r v thomas

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21
Q

what case shows battery can be a continuing act

A

fagan

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22
Q

what is the definition of battery given in faulker v talbot

A

any intentional [or reckless] touching of another person without the consent of that person and without lawful excuse
it need not necessarily be hostile, rude, or aggressive

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23
Q

what type of intent is battery

A

basic

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24
Q

what case shows that foreseeable implements that may cause harm can establish battery

A

dpp v santana-bermudez

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25
Q

does battery have to be a direct act

A

no

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26
Q

what case shows a failed duty to act can establish battery

A

santana-bermudez

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27
Q

what case shows battery can be indirect

A

dpp v k

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28
Q

what case shows the force must be unlawful to establish battery

A

a v uk

29
Q

what case shows the force must be unlawful to establish battery

A

a v uk

30
Q

what is assault occasioning s47 abh

A

where a battery or assault is committed and causes the consequence of abh

31
Q

where is sentencing guidelines of s47 ABH found

A

s47 of the offences against the person act 1861

32
Q

what type of offence is s47 ABH

A

triable either way

33
Q

what is the maximum sentence for s47 ABH

A

5 years

34
Q

what is the mens rea of s47 ABH

A

intention or recklessness to the assault or battery, not to the ABH

35
Q

what case shows the mens rea of s47 ABH

A

r v roberts

36
Q

r v roberts

A

didn’t intend to hurt her, was reckless to harm being caused when he intended to touch her

37
Q

what does ABH stand for

A

actual bodily harm

38
Q

what does ABH cover

A

covers virtually any injury such as a graze/bruise
loss of consciousness
psychiatric illness

39
Q

what must the harm caused by ABH be

A

more than trivial

40
Q

what does injury caused by ABH not include

A

any emotional distress

41
Q

what is the actus reus of s47 ABH

A

an assault which causes ABH

42
Q

what case defines the actus reus of s47 ABH

A

miller

43
Q

miller

A

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

44
Q

what case shows violence only must be imminent

A

smith v cs woking police station

45
Q

which statute sets guidance on battery when correcting a child

A

the children act 2004

46
Q

what are the two types of gbh

A

s20 & s18

47
Q

what type of offence is s20 gbh

A

basic intent offence

48
Q

what type of offence is s18 gbh

A

specific intent offence

49
Q

what is the maximum sentence for s20 gbh

A

5 years in prison

50
Q

what is the maximum sentence for s18 gbh

A

life in prison

51
Q

what is meant by gbh

A

grievous bodily harm
serious harm

52
Q

what does gbh include

A

infection, physical or psychiatric harm, a wound

53
Q

what is a wound

A

something which breaks the continuity of the whole skim

54
Q

where was the definition of gbh found

A

dpp v smith

55
Q

dpp v smith

A

gbh is really serious harm

56
Q

what case shows a wound must break the whole skin to establish gbh

A

eisenhower

57
Q

what case shows an infection can establish gbh

A

r v dica

58
Q

what case shows the victims circumstance can be taken into account when establishing gbh

A

r v bollom

59
Q

define s20 gbh

A

malicious wounding/inflicting gbh, with or without instrument

60
Q

what does inflict mean in s20 gbh

A

the actions of d led to the consequence of s20 gbh, and can be read as cause

61
Q

do you need assault occasioning s20 gbh

A

no

62
Q

what case shows an action can inflict s20 gbh through assault

A

r v lewis

63
Q

what case shows depression is considered s20 gbh

A

r v burstow

64
Q

what is the mens rea of s20 gbh

A

can be an intention to do the offence, or reckless as to whether it occurs

65
Q

what case establishes the mens rea of s20 gbh

A
66
Q

what type of intent is needed for s18 gbh

A

specific

67
Q

what is the similar in establishing s20 & s18 gbh

A

the actus reus

68
Q

what is the mens rea of s18 gbh

A

intention to cause gbh
resisting/preventing of lawful detention

69
Q

what case shows resisting arrest can establish s18 gbh

A

r v morrison

LAW 1&2 (13 decks)

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