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OCR A Level Law > Non-Fatal Offences > Flashcards

Non-Fatal Offences Flashcards

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1
Q

Punishment for assault in what statute?

A

In s.38 Criminal Justice Act 1988.

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2
Q

What kind of offences are Assault and Battery?

A

Summary offences and carry max 6 months

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3
Q

Assault definition

A

When D does an act (not omission) which causes another to apprehend immedieate unlawful violence or force.

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4
Q

“Apprehend” meaning (what me and Annabeth feel for spiders)

A

According to lagdon v dpp, it’s to Fear

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5
Q

R v Lamb (the opposite of how a lamb feels for a wolf)

A

Did not fear, so no assault

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6
Q

Smith v SWP

A

Immediacy must be of the fear regardless of whether violence can be infected Immediately

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7
Q

R v Wilson (what Paedyn did to Kai with a knife to the throat)

A

Word can be an assault if it’s unlawfully done (not in self defence)

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8
Q

Tebeville v Savage

A

Words can negate an assault

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9
Q

MR of Assault (Intention)

A

Intention and desire to cause V to apprehend immediate unlawful violence or force

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10
Q

MR of Assault (Recklessness)

A

Recklessness where D sees the risk that V will apprehend violence but still takes the risk

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11
Q

Battery definition

A

Battery is the application of unlawful personal violence or force.

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12
Q

Collins v Wilcock,

A

states unlawful touching is a battery

However contact of “ordinary life” is considered to have implied consent

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13
Q

DPP v K and R v Haystead.

A

Battery can be committed directly or indirectly as shown here

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14
Q

Fagan v MPC

A

Battery can be committed through a continuing act

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15
Q

DPP v Santa-Bermudez.

A

Battery can be committed by an omission where there is a duty to act

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16
Q

MR of Battery

A

intention and desire to apply unlawful force or realises the risk force will be applid but takes the unjustifiable risk.

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17
Q

ABH facts

A

ABH is the lowest level of injury in the Offences Against the Persons Act 1861 and elements are within s.47

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18
Q

What type of offence is s.47 ABH ?

A

This is an either way offence and carries 5 years prison.

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19
Q

ABH AR

A

D occasions an assault or battery which causes ABH

20
Q

Occationing meaning

A

Occasioning means to cause and D must be the factual and legal cause of death, this is the but for test, R v Pagett and De minimis rule, R v kimsey

21
Q

R v Miller

A

defines ABH as ‘any hurt or injury calculated to interfere with the health and comfort of the victim

22
Q

T v DPP

A

Bodily is not limited to skin and flesh but also includes damage to brain and nervous system and unconsciousness in ABH.

23
Q

Smith v DPP

A

Cutting of hair is also ABH, there’s no need for physical pain for it to be sufficient

24
Q

R v Chan Fook

A

However, hurt cannot be so trivial to be wholly insignificant, mere emotions such as fear, and panic are not ABH

25
Q

MR of ABH

A

D must have intention- aim or purpose to cause apprehension of unlawful force or apply unlawful force. Or be reckless when D realises the risk but still takes a risk of causing apprehension or applying unlawful force/violence.

26
Q

GBH definition

A

GBH is more serious injuries are caused and laid out in s 18 and s 20 of OAPA 1861

27
Q

S.20

A

S. 20 is the lesser serious out of the two and carries 5 years imprisonment as an either way offence

28
Q

AR of GBH

A

The definition is to unlawfully wound or ‘inflict’ any GBH

29
Q

R v Burstow

A

inflict means to cause and there is no difference between the actus reus of s.18 and s.20.

30
Q

DPP v Smith (GBH)

A

GBH means ‘really serious harm’. This case laid out psychiatric injury is GBH, such as depression.

31
Q

R v Saunders

A

Serious harm is also a sufficient definition

32
Q

R v Dica

A

Infecting one with a serious disease is GBH as laid out this case, where D infected V with HIV.

33
Q

R v Bollom

A

The vulnerability of a person can consider whether the injuries are GBH (their age)

34
Q

JCC v Eisenhower

A

wounding is a cut or break in the continuity of whole skin.

35
Q

S.20 MR

A

Intention, either aim purpose or is reckless, realising a risk and taking it to cause some harm

36
Q

S.18 MR

A

unlawfully wound or cause GBH. there must be intention to cause the serious harm or intend to resist the lawful apprehension or detainer of person. This carries life imprisonment.

37
Q

What is a primary criticism of the terminology in non-fatal offences?

A

Point: The terminology used in non-fatal offences is outdated and ambiguous.

Evidence: The term “assault” refers to apprehension of harm without contact, while “battery” involves any unwanted touching. Courts often refer to “assault by beating” instead of battery.

Explain: This confusion leads to misunderstandings in legal proceedings and difficulty for both practitioners and the public in understanding the law.

38
Q

Why is the term ABH considered confusing in legal contexts?

A

Point: Actual Bodily Harm (ABH) lacks clarity in its definition.

Evidence: There is no statutory definition for ABH, and courts define it as any hurt or injury that interferes with health and comfort.

Explain: This vagueness results in inconsistencies and can lead to unjust outcomes as it is difficult for victims and defendants to understand the charge against them.

39
Q

How does the age of the Offences Against the Persons Act 1861 affect its relevance?

A

Point: The OAPA 1861 is outdated, leading to legal ambiguities.

Evidence: It does not define key terms like actus reus and mens rea, causing confusion in their application.

Explain: This lack of clarity makes it difficult for legal professionals to apply the law consistently, resulting in unpredictability in case outcomes.

40
Q

What are the sentencing anomalies present in non-fatal offences?

A

Point: There are inconsistencies in sentencing for similar offences.

Evidence: Both ABH and s.20 GBH are either-way offences carrying a maximum of 5 years imprisonment, even though s.20 is considered more serious.

Explain: This discrepancy may result in perceived unfairness for victims who suffer more serious injuries, undermining public confidence in the legal system.

41
Q

Why is the difference in sentencing between s.18 and s.20 GBH significant?

A

Point: The sentencing disparity raises concerns about fairness.

Evidence: While both s.18 and s.20 GBH involve similar actus reus, s.18 carries a life sentence while s.20 has a maximum of 5 years due to differences in mens rea.

Explain: This can lead to situations where defendants evade appropriate punishment for serious injuries, leaving victims feeling that justice is not served.

42
Q

What is the role of the Magistrates Court in handling non-fatal offences?

A

Point: The Magistrates Court processes less serious non-fatal offences.

Evidence: Offences like assault and battery typically carry a maximum sentence of 6 months, and actual imprisonment is rare without prior convictions.

Explain: This approach alleviates the burden on Crown Courts, enabling them to focus on more serious cases, though it may lead to leniency for minor offences.

43
Q

What advantage does the s.18 GBH offence have concerning police officers?

A

Point: There is a significant legal advantage for assaults against police officers.

Evidence: If a person injures a police officer, the offence is aggravated, and the offender could face a life sentence under s.18.

Explain: This reflects Parliament’s recognition of the serious nature of harming public servants, emphasizing the need for protection of those serving the community.

44
Q

How does plea bargaining work within non-fatal offences?

A

Point: Plea bargaining can expedite legal proceedings.

Evidence: Prosecutors may offer defendants a plea deal to plead guilty to a lesser offence like ABH instead of GBH.

Explain: This ensures a conviction, saves court time, and helps manage resources effectively, although it can lead to less severe penalties for serious offences.

45
Q

What are the concerns regarding the implications of plea bargaining?

A

Point: Plea bargaining may undermine justice for victims.

Evidence: Defendants who should face more serious charges might receive leniency when pleading guilty to lesser charges.

Explain: This can leave victims feeling that the legal system has failed to deliver appropriate justice, as the penalties may not reflect the harm caused.

46
Q

What reforms does the Law Commission propose for non-fatal offences?

A

Point: The Law Commission recommends creating a clear legal framework.

Evidence: They suggest a comprehensive modern statute that outlines offences in a hierarchy from most to least serious, with clear definitions.

Explain: This would simplify understanding and application of the law, reducing ambiguity and promoting fairer outcomes in legal proceedings.

OCR A Level Law (5 decks)

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