Non - fatal offences Flashcards

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1
Q

Assault

A

Common Law made by judges

“To cause V to apprehend immediate unlawful force”

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2
Q

DPP v Logdon

A

V must “apprehend” immediate unlawful force - Apprehend means an expectation that force will be used.

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3
Q

Smith v CCWP

A

“immediate” means in the near future.

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4
Q

Read v Coker

A

Gestures can be an assault.

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5
Q

R v Ireland

A

Silence or spoken words can amount to an assault.

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6
Q

R v Constanza

A

Written words can amount to an assault.

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7
Q

Tuberville v Savage

A

Words can negate an assault.

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8
Q

Mens rea

A

Direct intention (Mohan) or recklessness (Cunningham) as to cause V to apprehend immediate unlawful force.

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9
Q

Battery

A

Common Law made by Judges.

“Applying unlawful force on/ to another”

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10
Q

R v Thomas

A

Only the slightest touch (including clothes) is needed.

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11
Q

Wilson v Pringle

A

Force must be hostile.

Force applied in ordinary jostlings of everyday life will not be unlawful, as V will be deemed to have given implied consent.

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12
Q

Fagan v MPC

A

Force can be applied via a continuing act.

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13
Q

DPP v K

A

Force can be applied indirectly.

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14
Q

DPP v Santana - Bermudez

A

Battery can be committed by an omission.

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15
Q

Mens rea

A

D intends (Mohan)/ is reckless (Cunningham) in applying force on/to another person.

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16
Q

ABH

A

S47 OAPA 1861

Assault or Battery resulting in ABH.

17
Q

Chan - Fook

A

Harm cannot be so trivial as to be wholly insignificant.

Includes psychiatric injury but NOT mere emotions. e.g. Stress, fear, panic.

18
Q

R v Smith

A

ABH not limited to injury; cutting hair without consent can amount to ABH.

19
Q

T v DPP

A

Even a short loss of consciousness can amount to ABH.

20
Q

Mens rea

A

Same as for assault or battery.

R v Savage: no additional mens rea needs to be proven for ABH. Just prove mens rea for the assault or battery.

21
Q

Wounding

A

S20 or S18 OAPA 1961

“To unlawfully wound another person”

22
Q

Eisenhower

A

There must be a cut in at least two layers of skin for it to be considered wounding. This does not include internal bleeding.

23
Q

Mens rea

A

S20: Mowatt - intention or recklessness as to causing V SOME harm. Direct (Mohan) or Recklessness (Cunningham)

S18: Intention to cause SERIOUS harm. Direct (Mohan) or indirect (Woollin).

24
Q

Grievous bodily Harm

A

S20 or S18 OAPA 1861

“Unlawfully cause GBH to another”

25
Q

DPP v Smith

A

Really serious harm - Broken limb, fractured skull e.t.c

26
Q

R v Burstow

A

Can be psychiatric harm - Depression, anxiety

27
Q

R v Dica

A

Can be serious biological harm - HIV, Flu, herpes

28
Q

Brown and Stratton

A

Many minor injuries - Broken nose and teeth - can amount to GBH

29
Q

R v Martin

A

GBH can be inflicted indirectly - “fire” blocked door

30
Q

R v Bollom

A

V’s age. health considered when deciding GBH.

31
Q

Factual causation

Legal causation

A

R v Pagett - But for test

R v Smith - Operative and substantial test

32
Q

Mens rea

A

S20: Mowatt - intention. recklessness as to cause V SOME harm.

Parmenter - D must intend/ be reckless as to causing some harm. Direct (Mohan) or recklessness (Cunningham).

S18: Belfon - Intention to cause SERIOUS harm. Direct (Mohan) or Indirect (Woollin).