Non Fatal Offences Flashcards

1
Q

AR of assault

A

Causing the victim to apprehend immediate unlawful force

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2
Q

Read V Coker

A

Actions can be assault

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3
Q

R v Ireland

A

Assault can be words

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4
Q

R v constanza

A

Assault can be written words

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5
Q

Tuberville v savage

A

Words can cancel out each other

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6
Q

Dpp v logdon

A

It is possible for v to apprehend force even if the force is not possible

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7
Q

Smith v ccow

A

Force must be immediate

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8
Q

Direct intention

A

R v mohan, D aims to bring about the prohibited consequence

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9
Q

Recklessness

A

R v Cunningham, D realises a risk and acts regardless

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10
Q

MR of battery

A

Applying unlawful force to another

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11
Q

Wilson v Pringle

A

Force must be hostile

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12
Q

R v Thomas

A

Unlawful force can be the lightest touch

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13
Q

Dpp v santana burmudez

A

Force can be applied via an omission

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14
Q

Fagan v mpc

A

Force can be via a continuous act

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15
Q

Dpp v k

A

Force can be applied indirectly via an object

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16
Q

Mr of battery

A

Direct intention or reckleness

17
Q

Where’s ABH defined

A

S47 of the offences against the persons act 1861

18
Q

R v chan fook

A

Any injury not so trivial as to be insignificant, mental injury harm can be ABH

19
Q

Dpp v smith

A

Cutting of a persons hair can be ABH

20
Q

T v Dpp

A

Short loss of consciousness can be ABH

21
Q

R v savage

A

Men’s rea for assault or battery is enough for ABH

22
Q

MR of ABH

A

Direct intention or recklessness

23
Q

Where is wounding defined

A

S20 or s18 of the offences against the persons act 1861

24
Q

AR of wounding

A

To unlawfully wound a person

25
Jcc v Eisenhower
A wound is defined as a cut in at least 2 layers of outer skin
26
MR of wounding
S20 or S18
27
S20
R v mowatt, Direct intention or recklessness
28
S18
R v belfon, direct or oblique intention to cause really serious harm
29
Define oblique intention
Is the consequence virtual certainty, does the defendant realise the consequence is a virtual certainty
30
Where is GBH defined
S20 and S18 of the offences against the persons act 1861
31
AR of GBH
To cause grievous bodily harm on a person
32
Dpp v smith
GBH means really serious harm
33
R v burstow
GBH can be serious psychiatric harm
34
R v dica
GBH can be serious biological harm
35
R v brown and Stratton
GBH can be a accumulation of minor injuries
36
R v Martin
GBH can be committed indirectly