Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law A-Level > Non-Fatal Offences > Flashcards

Non-Fatal Offences Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is the definition of assault in UK law?

A

Assault is an act that causes another person to apprehend immediate unlawful violence.

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

True or False: Battery requires physical contact.

A

True

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

What section of the Offences Against the Person Act 1861 defines Assault occasioning Actual Bodily Harm (ABH)?

A

Section 47

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

Fill in the blank: The maximum sentence for Assault is _____.

A

6 months imprisonment

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

What is the difference between s20 and s18 GBH?

A

s20 GBH is inflicted without intent to cause serious injury, while s18 GBH is inflicted with intent.

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

What does GBH stand for?

A

Grievous Bodily Harm

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

True or False: Wounding is defined as breaking the skin.

A

True

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

What is the penalty for s20 GBH?

A

Up to 5 years imprisonment

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

What must be proven for a charge of battery?

A

That there was intentional or reckless application of force.

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

What is the maximum penalty for s18 GBH?

A

Life imprisonment

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

Fill in the blank: ABH requires that the victim suffers _____.

A

Actual bodily harm

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

What is the mens rea for Assault?

A

Intention or recklessness as to causing apprehension of immediate unlawful violence.

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

True or False: Consent is a defense to assault and battery.

A

True

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

What is the key difference between assault and battery?

A

Assault is the threat of violence; battery is the actual application of force.

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

What is the terminology used for the act of causing bodily harm with intent?

A

s18 GBH

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

Fill in the blank: The term ‘actual bodily harm’ includes any injury that is _____.

A

more than trivial

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

What does the term ‘wounding’ mean in the context of GBH?

A

Breaking the skin, causing blood to flow.

18
Q

What is the standard of proof required in a criminal case?

A

Beyond a reasonable doubt

19
Q

True or False: ABH can be charged if the injury is psychological.

A

False

20
Q

What is the actus reus for s20 GBH?

A

Causing serious injury to another person.

21
Q

Fill in the blank: The act of throwing a drink at someone can be considered as _____.

A

Battery

22
Q

What are the key elements needed to prove s47 ABH?

A

Assault or battery, and actual bodily harm caused.

23
Q

True or False: A person can be charged with both assault and battery for the same incident.

A

True

24
Q

What does ‘recklessness’ mean in the context of non-fatal offences?

A

Consciously disregarding a substantial risk of causing harm.

25
Q

What type of injury does s18 GBH typically involve?

A

Serious injury or life-threatening harm.

26
Q

Fill in the blank: For a battery charge, the force applied must be _____.

A

Unlawful

27
Q

What is the legal term for the intent to cause serious harm in s18 GBH?

A

Malicious intent

28
Q

True or False: The victim’s consent can never be a defense in cases of GBH.

A

False

29
Q

What is the maximum penalty for s47 ABH?

A

5 years imprisonment

30
Q

In which section of the Offences Against the Person Act is Battery defined?

A

Section 39

31
Q

Fill in the blank: A cut that does not break the skin would not qualify as a _____.

A

Wound

32
Q

What is the significance of the case R v Ireland (1997) regarding assault?

A

It established that silence can amount to assault.

33
Q

True or False: Psychological harm can be considered under s20 GBH.

A

False

34
Q

What is required to establish the actus reus of s47 ABH?

A

Proof of assault or battery resulting in actual bodily harm.

35
Q

Fill in the blank: The term ‘grievous’ in GBH means _____.

A

Serious or severe

36
Q

What type of intent is required for s18 GBH?

A

Specific intent to cause serious injury.

37
Q

True or False: A person can only be charged with one type of non-fatal offence for a single act.

A

False

38
Q

What is the significance of the case R v Thomas (1985) regarding battery?

A

It confirmed that touching someone’s clothing can amount to battery.

39
Q

Fill in the blank: A slap on the face can be classified as _____.

A

Battery

40
Q

What is the main difference between ‘occasioning’ and ‘causing’ in the context of ABH?

A

Occasioning implies a direct link to the assault or battery that led to harm.

41
Q

What is the standard of intent required for battery?

A

Intent or recklessness to apply force.

42
Q

True or False: The law distinguishes between different types of harm in non-fatal offences.

A

True

Law A-Level (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions