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Law 02 > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

What is the Actus Reus for Assault?

A

Must be an act that puts the victim in fear of immediate unlawful force (no physical contact)

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2
Q

What can the act be to make the defendant guilty of assault

A

There must be no contact with the defendant and the victim. The defendant can make gestures, they can shout or send messages or by phone calls.

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3
Q

What are the cases that illustrate the act for assault

A
  • Ireland

- Constanza

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4
Q

If the victim is not in fear….

A

Then the defendant cannot be found guilty

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5
Q

The case that illustrates fear

A

Logdon

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6
Q

What is immediate?

A

There and then the victim must be in fear pf immediate unlawful force

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7
Q

What are the cases for immediate?

A
  • Tuberville v Savage

- Smith v Chief Superintendent Woking Police Station

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8
Q

What is unlawful force?

A

The victim fears that the defendant will do something, or go further with their actions

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9
Q

What is the Mens Rea for Assault?

A

To intend to put the victim in fear of immediate unlawful force, or to be reckless as to putting the victim in fear of immediate unlawful force

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10
Q

The case to support the Mens Rea pf Assault

A

Savage

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11
Q

What is the Actus Reus for Battery?

A

The unlawful application of force to another

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12
Q

What is unlawful?

A

No consent given to the defendant from the victim

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13
Q

The case for unlawful (battery)

A

Collins v Wilcock

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14
Q

What does collins v Wilcock tell us?

A

The slightest touch can amount to battery

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15
Q

What is application?

A

Where you apply the force to another either directly or indirectly

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16
Q

What is direct application?

A

When the defendant applies the force personally

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17
Q

What is indirect application?

A

Where the defendant causes force to be applied by using something else, like an object

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18
Q

The cases for application

A
  • DPP v K

- Haystead

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19
Q

Of force

A

Applying force to another. The slightest touch, but doesn’t cause harm to another

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20
Q

To another

A

To another person

Touching someone’s clothes whilst they are wearing them can amount to battery

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21
Q

The case for to another

A

R v Thomas

22
Q

What is the Mens Rea for Battery?

A

To intend to apply unlawful force to another or to be reckless as to the application of unlawfully force to another

23
Q

The case for intention of battery

A

Venna

24
Q

The case for to be reckless of battery

A

Parmenter

25
Q

What is S47OAPA 1861

A

S47 of the Offence Against the Person Act 1861 - Assault or Battery occasioning Actual Bodily Harm

26
Q

What is the Actus Reus for s47 OAPA?

A

An assault or battery which occasions actual bodily harm

27
Q

For s47 there must be…

A

There must be a common assault or battery which occasions to actual bodily harm

28
Q

What is occasioning?

A

This means causing

This can be caused by an omission

29
Q

The cases for occasioning

A
  • R v Roberts
  • DPP v K
  • DPP v Satana-Bermudez
30
Q

What can amount to Actual Bodily Harm?

A
  • Bruises
  • Mild Concussion
  • Momentarily loss of consciousness
  • Causing a mild allergic reaction/rash
  • Causing vomiting
  • Sprains
  • Small burns
  • Mild psychiatric harm
  • Cutting someones hair off
31
Q

The cases for ABH

A
  • DPP v Miller
  • R v Chan-fook
  • T v DPP
  • DPP v Smith
  • R v Ireland
32
Q

What is the Mens Rea for s47 OAPA?

A

Mens rea for assault or battery - there is no need to intend or foresee any harm or injury. (Intention or recklessness of assault or battery)

33
Q

The case for the mens rea of s47

A

R v Savage

34
Q

What is the actus reus for s20 OAPA 1861

A

The unlawful wounding or causing GBH

35
Q

What is wounding?

A

A break in the layers of the skin. It must be an open wound with blood loss.

36
Q

What is NOT wounding?

A

Internal bleeding

37
Q

The case for wounding

A

JCC v Eisenhower

38
Q

What is GBH?

A

Grievous Bodily Harm

39
Q

What amounts to GBH?

A

It does not have to be life threatening:

  • Broken bones
  • Internal bleeding
  • lots of less serious injuries all together
  • Burns
  • Serious Psychiatric harm
  • permanent disability
40
Q

The cases for GBH

A
  • DPP v Smith
  • R v Saunders
  • Brown v Stratton
  • R v Bollom
  • R v Dica
41
Q

What is the mens rea for s20 OAPA 1861?

A

Intending to cause SOME HARM or being reckless to causing SOME HARM

42
Q

The case for the mens rea of s20 OAPA 1861

A

R v Parmenter

43
Q

What is the actus reus for s18 OAPA?

A

Unlawful wounding or causing GBH

44
Q

What is the mens rea for s18 OAPA 1861?

A

Intention to wound or cause GBH

45
Q

The case or the mens rea of s18 OAPA 1861

A

R v Belfon

46
Q

How do you structure an answer for Assault?

A

AR:

  1. Must be an act
  2. That causes the victim to fear
  3. Immediate
  4. Unlawful force

MR:
1. Decide whether it was intention or recklessness

47
Q

How do you structure an answer for Battery?

A

AR:

  1. Unlawful
  2. Application
  3. Of force
  4. To another

MR:
1. Decide whether it is intention or recklessness

48
Q

How do you structure an answer for s47 OAPA 1861?

A

AR:

  1. An assault or battery (pick which one an explain)
  2. Occasioning
  3. Actual Bodily Harm

MR:
1. Decide whether it is intention or recklessness

49
Q

How to structure a s20 OAPA 1861 answer

A

AR:

  1. Unlawful
  2. Wounding or GBH

MR:
1. Decide whether it is intention or recklessness to cause SOME HARM

50
Q

How to structure a s18 OAPA 1861 answer

A

AR:

  1. Unlawful
  2. Wounding or GBH

MR
1. Intention to wound or cause GBH

Law 02 (6 decks)

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