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Law A2 > Non-Fatal Offences > Flashcards

Non-Fatal Offences Flashcards

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1
Q

What are the Five Non-Fatal Offences?

A 
Assault.
Battery.
Assault Occasioning ABH.
Wounding or GBH.
Wounding or GBH with Intent.
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2
Q

Where are Non-Fatal Offences defined?

A

Under Offences Against the Persons Act (1861) (OAPA).

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3
Q

Is Assault defined under common law or statue law?

A

Common Law.

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4
Q

What is the Actus Reus of Assault?

A

Any Act where D causes V to apprehend the immediate application of unlawful force.

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5
Q

What are three examples of the Actus Reus to Assault?

A

Raising fists.
Throwing stones at V and missing.
Making a threat.

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6
Q

What four cases are associated with Assault?

A

Smith v Chief Superintendent of Woking Polie Station (1983)
R v Constanza (1997)
R v Ireland (1997)
Tuberville v Savage (1669)

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7
Q
  1. What rules are associated with Assault?
A
  1. Apprehend does not mean fear. D doesn’t have to be scared.
  2. Threat must be immediate.
  3. Words can be an assault.
  4. Words might also negate an assault.
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8
Q

What happened in Smith v Chief Superintendent of Woking Police Station (1983)?

A

D stood in V’s garden at 11pm watching her get changed.

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9
Q

What is the legal principle in Smith v Chief Superintendent of Woking Police Station (1983)?

A

D argued no immediacy of threat, but as far as she was cornered the threat was immediate.

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10
Q

What is the legal principle in R v Constanza (1997)?

A

HoL said it’s sufficient for prosecution to prove apprehension of force at some time.

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11
Q

What was the legal principle in R v Ireland (1997)?

A

HoL ruled silent phone calls could be an assault.

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12
Q

What happened in Tuberville v Savage (1669)?

A

D put hand on sword and said “If it were not assize time I would not take such language from you”.

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13
Q

What is the legal principle in Tuberville v Savage (1669)?

A

Since he was saying he was not going to do anything because the court was in town there was no assault.

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14
Q

What is the Mens Rea of Assault?

A

D either intends to cause V to think they will inflict force or is reckless as to whether the victim will believe it. D must realise there is a risk the victim will believe it.

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15
Q

What is the Actus Reus of Battery?

A

D applies unlawful force to V. Can happen without an assault.

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16
Q

What are the rules associated with Battery?

A

Any unlawful physical contact can amount to Battery.

Force may be applied indirectly.

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17
Q

What four cases are associated with Battery?

A

R v Thomas (1985)
R v Marin (1881)
R v Haystead (2000)
Wilson v Pringle

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18
Q

What is the legal principle in R v Thomas (1985)?

A

Touching a woman’s skirt could be battery.

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19
Q

What happened in R v Martin (1881)?

A

D put iron bar against door of theatre, turned off lights and shouted fire.

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20
Q

What is the legal principle in R v Martin (1881)?

A

Convicted of GBH as some were seriously injured, put in the panic court said he had also committed battery though he’d not directly applied force to anyone.

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21
Q

What happened in R v Haystead (2000)?

A

D punched woman who was holding a baby. She dropped it.

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22
Q

What is the legal principle in R v Haystead (2000)?

A

Convicted of battery even though he’d not had direct contact with baby.

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23
Q

What is the legal principle in Wilson v Pringle?

A

Said application of force should be hostile.

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24
Q

What are three CPS examples of Battery?

A

Scratches.
Minor Bruising.
Black Eye.

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25
Q

What is the Mens Rea of Battery?

A

D intends or is reckless to the application of force.

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26
Q

What tier of sentence is ABH?

A

Triable either way.

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27
Q

What is the maximum sentence for ABH?

A

Five years imprisonment.

28
Q

What is the Actus Reus for Assault Occasioning ABH?

A

Act caused ABH. Can be committed by assault or battery.

29
Q

What three cases are associated with Assault Occasioning ABH?

A

Miller (1954)
R v Chan Fook (1994)
DPP v Smith (2006)

30
Q

What are the rules associated with Assault Occasioning ABH?

A

‘Occasioning’ simply means ‘causing’.

Psychological injury can also be ABH.

31
Q

What is the legal principle in Miler (1954)?

A

Court stated “Actual Bodily Harm includes hurt or injury calculated to interfere with health or comfort of the victim”.

32
Q

What are the two legal principles in R v Chan-Fook (1994)?

A

1 The word actual indicated injury doesn’t have to be permanent, it should not be “so trivial as to be wholly insignificant”.
2 Has to be a clinically recognised condition for ABH to apply, not just emotions.

33
Q

What happened in DPP v Smith (2006)?

A

D cut ex-girlfriends ponytail without consent.

34
Q

What are three CPS examples of Assault Occasioning ABH?

A

Loss of Consciousness.
Displaced Broken Nose.
Minor Cuts – may need stitching.

35
Q

What is the Mens Rea for Assault Occasioning ABH?

A

Same as for Assault and Battery. D doesn’t have to intend or be aware of risk of harm.

36
Q

What are two cases associated with the Mens Rea of Assault Occasioning ABH?

A

R v Roberts (1978)

R v Savage (1992)

37
Q

What happened in R v Roberts (1978)?

A

D convicted of ABH when he made advances to a girl in his car, she jumped out and was injured.

38
Q

What is the legal principle in R v Roberts (1978)?

A

Argued he didn’t intend or foresee any risk of harm. However he had the mens rea for battery.

39
Q

What happened in R v Savage (1992)?

A

D went to pub, saw husbands new girlfriend and threw pint over her, however glass slipped and cut woman’s wrist.

40
Q

What is the legal principle in R v Savage (1992)?

A

Court said she didn’t need to be aware of risk she might cause harm, intended to apply unlawful force so convicted.

41
Q

What is Wounding?

A

Means breaking the surface of the skin. Internal bleeding is not a wound.

42
Q

What are two cases associated with Wounding?

A

Wood (1830)

JCC v Eisenhower (1984)

43
Q

What happened in Wood (1830)?

A

D broke V’s collar bone.

44
Q

What is the legal principle in Wood (1830)?

A

Skin was still intact do he was not guilty of wounding.

45
Q

What happened in JCC v Eisenhower (1984)?

A

V hit in eye with shot-gun pellet. Causes internal rupturing of blood vessels.

46
Q

What is the legal principle in JCC v Eisenhower (1984)?

A

There was no cut so couldn’t be wounding.

47
Q

What are the rules associated with GBH?

A

Courts can take into account characteristics of V, e.g. age, health.
Biological harm can be accepted as GBH.
S20 uses “inflict”, used to be thought there needed to be a direct application, however not the case.

48
Q

What are five cases associated with GBH?

A 
DPP v Smith (1961)
Saunders (1985)
R v Bollom (2003)
R v Dica (2004)
R v Burstow (1997)
49
Q

What is the legal principle in DPP v Smith (1961)?

A

Held GBH meant “really serious harm”.

50
Q

What is the legal principle in Saunders (1985)?

A

Trial judge omitted the word “really”.

51
Q

What happened in R v Dica (2004)?

A

D infected two woman with HIV, having sex when he knew he was positive but didn’t tell them.

52
Q

What happened in R v Burstow (1997)?

A

D stalked women, she suffered severe depression as a result.

53
Q

What is the legal principle in R v Burstow (1997)?

A

If D’s actions have led to consequence of V suffering GBH, it is enough to get a conviction, direct application not necessary.

54
Q

What are three CPS examples of Wounding or GBH?

A

Compound Fractures.
Psychiatric Injury.
Injury Resulting in Permanent Disability.

55
Q

What happened in R v Bollom (2003)?

A

V was 17 month child, suffered abrasions to body, arms and legs.

56
Q

What is the legal principle in R v Bollom (2003)?

A

Court ruled it was GBH taking into account her age and frailty.

57
Q

What is the Mens Rea of Wounding and GBH?

A

D intends to cause harm or is subjectively reckless.

58
Q

What are three cases associated with the Mens Rea of Wounding and GBH?

A

R v Cunningham (1957)
R v Paramenter (1991)
R v Grimshaw (1984)

59
Q

What is the legal principle in R v Cunningham (1957)?

A

Held that ‘maliciously’ mean intention to do the particular kind of harm that was done.

60
Q

What happened in R v Paramenter (1991)?

A

D threw three month old in the air and caught him, causing serious injury to legs.

61
Q

What is the legal principle in R v Paramenter (1991)?

A

D didn’t realise actions might cause injury so conviction was quashed under S20.

62
Q

What happened in R v Grimshaw (1984)?

A

D pushed glass into face of person who insulted her boyfriend.

63
Q

What is the legal principle in R v Grimshaw (1984)?

A

Guilty of GBH as she’d foreseen risk of some harm. Although inflicted more than she’d considered.

64
Q

What is the Actus Reus of Wounding or GBH with Intent?

A

Same as S20.

65
Q

What is the Mens Rea of Wounding or GBH with Intent?

A

Requires intention to be proven, Recklessness is not sufficient.

66
Q

What case is associated with the Mens Rea of Wounding or GBH with Intent?

A

R v Nedrick (1986)

67
Q

What is the legal principle in R v Nedrick (1986)?

A

Jury can decide if they intended harm if they were virtually certain it would occur as a result of their actions.

Law A2 (9 decks)

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