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F: Paper 1 = Criminal Law > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

1
Q

(Assault) = What is the definition of assault?

A
  • To intentionally or recklessly cause another person to fear immediate unlawful personal violence
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2
Q

(Assault) = Is assault a basic or specific intent crime?

A
  • Basic Intent Crime
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3
Q

(Assault) = What section is assault under?

A
  • Section 39 of Offence Against the Person Act 1861
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4
Q

(Assault) = What is the sentencing of assault?

A
  • Maximum of 6 months
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5
Q

(Assault) = What are the key elements of assault?

A

AR =
- Act or words
- Fear of Force
- Immediate Force
- Unlawful Violence

MR =
- Intention /
- Recklessness

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6
Q

(Assault) = What does an assault require?

A

Requires an Act or word = There must be a positive act which can be words or an act

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7
Q

(Assault) = What must the victim fear? What cancels this out?

A

Fear of Force = Victim must fear that force will be used against them
- If it is obvious that they cannot use force, there is no assault
- Words can cancel out an assault as they can show not to be fearful

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8
Q

(Assault) = When must the fear of force occur?

A

Immediate Force = The force must be immediate but it does not mean instantaneous, it can mean imminent

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9
Q

(Assault) = What type of violence must it be?

A

Unlawful Violence = It cannot be a lawful type of violence

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10
Q

(Assault) = What are the two types of MR for assault?

A
  1. An intention to cause another to fear immediate unlawful violence
  2. Reckless as to whether fear is caused
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11
Q

(Assault) = Is intoxication a defence for assault?

A
  • Assault is a basis intent crime therefore intoxication is recklessness
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12
Q

(Assault) = What are the seven key cases for assault?

A
  1. R v Ireland (1998)
  2. R v Constanza (1997)
  3. Logdon (1976)
  4. Turberville v Savage (1669)
  5. Smith v Chief Constable of Woking (1983)
  6. DPP V Majewski (1976)
  7. R v Lamb
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13
Q

(Battery) = What is the definition of battery?

A
  • To intentionally or recklessly apply unlawful force to another
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14
Q

(Battery) = Is battery a basic or intent crime?

A
  • A basic intent crime
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15
Q

(Battery) = What section is battery under?

A
  • Section 39 of Offence Against the Person Act 1861
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16
Q

(Battery) = What is the sentencing of battery?

A
  • Maximum of 6 months
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17
Q

(Battery) = What are the key elements of battery?

A

AR =
- Application of force
- Unlawful Force
- Can be an indirect act

MR =
- Intention
- Recklessness

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18
Q

(Battery) = What consitutes force?

A

Application of force = There must be some force
- Touching is enough
- The force can be a continuing act
- It does not have to harm them or injury them

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19
Q

(Battery) = What type of force must it be?

A

Unlawful Force = It cannot be lawful force as it negates any offence of battery
- There is implied consent in normal social situations

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20
Q

(Battery) = Can it be an indirect act?

A

Indirect Act =
- There can be an indirect application of force or transferred malice applicable

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21
Q

(Battery) = What are the two types of MR for battery?

A
  1. Intention to apply unlawful physical force
  2. Recklessness whether the force will be applied
22
Q

(Battery) = What are the five key cases for battery?

A
  1. R v Thomas (1985)
  2. Fagan
  3. Collins v Wilcock (1984)
  4. DPP v K (1990)
  5. Haystead (2000)
23
Q

(Actual Bodily Harm) = What is the definition of actual bodily harm?

A
  • Intentionally or recklessly causing a common assault occasioning actual bodily harm
24
Q

(Actual Bodily Harm) = Is ABH a basic or specific intent crime?

A
  • A basic intent crime
25
(Actual Bodily Harm) = What section is ABH under?
- Section 47 of Offence Against the Person Act 1861
26
(Actual Bodily Harm) = What is the sentencing for ABH?
- Maximum 5 years imprisonment
27
(Actual Bodily Harm) = How would you prove ABH in an exam question?
- Must prove all the elements of assault and battery must be present and then additional elements to make it ABH
28
(Actual Bodily Harm) = What are the key elements of ABH?
AR = - Common Assault - Occasioning - Actual Bodily Harm MR = - Intention to cause an assault or battery - Reckless to cause an assault or battery
29
(Actual Bodily Harm) = What elements must you prove for ABH?
Common Assault = There must have been all elements of an assault and battery
30
(Actual Bodily Harm) = What is occasioning?
- Occasioning = Means causation - Must prove the factual and legal causation
31
(Actual Bodily Harm) = What is actual bodily harm?
Actual Bodily Harm = - Any hurt or injury which interferes with the health or comfort - There is a wide definition of harm which covers bruises, scratches and psychiatric injury
32
(Actual Bodily Harm) = What is the MR of ABH?
- Intention to an assault or battery - Reckless to an assault or battery
33
(Actual Bodily Harm) = What are the six key cases of ABH?
1. Miller (1954) 2. Chan-Fook (1994) 3. T v DPP (2003) 4. Smith (2006) 5. Roberts (1971) 6. Savage (1991)
34
(Grievous Bodily Harm) = What is the definition of Grievous Bodily Harm?
- Whoever shall unlawfully and maliciously wound or inflict any grievous harm upon any person, with or without a weapon shall be guilty of the offence.
35
(Grievous Bodily Harm) = What section is GBH under?
- Section 20 of Offences Against the Person Act 1861
36
(Grievous Bodily Harm) = Is GBH a basic or specific intent crime?
- Basic Intent
37
(Grievous Bodily Harm) = What is the sentencing for GBH?
- Maximum of 5 years imprisonment
38
(Grievous Bodily Harm) = What are the key elements for GBH?
AR = - Unlawful - Wound - GBH - Causation MR = - Maliciously
39
(Grievous Bodily Harm) = What is an unlawful wound?
Unlawful = Did not consent to the act, consent must be genuine
40
(Grievous Bodily Harm) = What is a wound?
Wound = A break in the continuity of the surface of the skin
41
(Grievous Bodily Harm) = What is grievous bodily harm?
GBH = Serious harm to the victim - Can include psychiatric harm - Victim’s age and health are relevant when deciding whether an injury amounts to GBH - A combination of injuries can amount to GBH
42
(Grievous Bodily Harm) = What must you prove?
- Factual and legal causation
43
(Grievous Bodily Harm) = What is the MR of S.20 GBH?
1. Maliciously = - Intentionally or recklessly causing some harm, does not have to amount to GBH but some level of harm - Must prove D intended their act to result in some unlawful bodily harm or - Was reckless to whether his act might result in some harm
44
(Grievous Bodily Harm) = What are the six key cases for GBH?
1. JCC v Eisenhower (1984) 2. Bollom (2003) 3. Burstow (1997) 4. Dica (2004) 5. Brown and Stratton (1998) 6. Parmenter (1991)
45
What is the definition of GBH with intent?
- Whoever shall unlawfully and maliciously wound or inflict any grievous harm upon any person, with intent to do some grievous bodily harm to any person
46
What is GBH with intent under?
Section 18 of Offence Against the Person Act 1861
47
Is GBH with intent a basic or specific intent crime?
- Specific Intent
48
What is the sentence of GBH with intent?
- Life Imprisonment
49
What is the AR of GBH with intent?
- Unlawful - Wound - GBH - Causation
50
What is the MR of GBH with intent?
1. Direct Intent to cause GBH/seriously injure them - An intention to wound is not enough - Foresight of consequences = If their act is virtually certain to cause GBH and they realize this then they have the necessary MR of S.18
51
(GBH with intent) = What is the MR when resisting arrest?
- When trying to resist arrest, the level of intention is lower - They must have specific intention to resist but only need to be reckless as to whether they would cause an injury
52
What are the three key cases of GBH with intent?
1. Taylor (2009) 2. Belfon (1976) 3. Morrison (1989)

F: Paper 1 = Criminal Law (8 decks)

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