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Law Comp 2 CRIME > Non fatal Offences > Flashcards

Non fatal Offences Flashcards

1
Q

Non fatal offences defined under

A

Non fatal offences against the person act 1961 though the most minor offences of assault and battery are through common law.

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2
Q

5 main offences

A 
Assault 
Battery 
ABH s.47 OAPA
Infliction GBH s.20 OAPA
Causing GBH with intent s.18 OAPA
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3
Q

Assault sentence is up to

A

6months imprisonment or fine

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4
Q

Assault is defined under

A

A.39 Criminal Justice Act 1988.

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5
Q

Actus reus of Assault

A

Act which caused the victim to apprehend the immediate application of unlawful force.
E.g raising a fist
Throwing a stone and missing
Making a threat

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6
Q

What must the actus reaus of Assault be both (2)

A

Apprehend

Immediate threat

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7
Q

Cases for assault

A

Smith vs Cheif Superintendabt of Woking police station - D standing in Victims garden at 11pm looking at her getting ready. She was concerned threat was immediate.

R v Ireland - assault through silent phone calls

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8
Q

Does force mean violence.

A

No it can mean any type of touching.

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9
Q

What is men’s rea for assault?

A

Intends to cause victim they will inflict force or is reckless as to if the victim will believe it. Defendant must realise risk there is that the victim is to believe that.

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10
Q

What is battery defined under

A

S.39 criminal justice Act 1988

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11
Q

Sentence for battery

A

Up to 6months or a fine

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12
Q

Actus reus of men’s rea

A

Applies unlawful force to victim e.g hit over back of head.

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13
Q

What happened in R v Thomas

A

Touching of skirt amounted to battery

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14
Q

Battery can be applied indirectly case

A

R v Martin when he locked the doors with iron bar on theatre and turned off lights and shouted fire. Convicted of GBH because the injuries to those in panic.

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15
Q

What does the CPS charging standards give examples of battery as:

A 
Grazing 
Scratches 
Abrasions 
Minor bruising 
Swellings 
Reddening my of skin
Black eye
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16
Q

What is the men’s rea of battery

A

Defendant has to intend or is reckless as to application of force.

17
Q

What is ABH under

A

S.47 Offences against the person act 1861

18
Q

What is the maximum sentence for ABH

A

5years Max imprisonment as is a triable either way offence.

19
Q

What is the actus reus of ABH

A

Has to prove the cause of ABH. In miller seen as hurt or the jury calculated to interfere with health or comfort of victim.

20
Q

Cutting someone’s hair can be seen as ABH as shown in

A

DPP v Smith where there was no consent to cut the hair. (2006)

21
Q

Loss of consciousness even momentarily leads to ABH as shown in

A

T v DPP 2003

22
Q

What are the CPS charging standards for ABH?

A 
Loss or breaking of teeth
Loss of consciousness 
Extensive or multiple bruising 
Displaced broken nose
Minor fractures minor cuts which may need stitching 
Psychiatricinjury shown in Chan Fook
23
Q

What is men’s rea of ABH

A

Exactly the same for assault and battery the defendant doesn’t have to indent the risk they just have to be aware of it. E.g R v Roberts when girl jumped out the car. ABH due to the advances he made on her

24
Q

Wounding and Grievous bodily harm under

A

S20 OAPA 1861

25
Q

Max sentence for GBH

A

5 years

26
Q

What does wounding mean

A

The breaking of the surface of the skin. Internal bleeding is not a wound even though may be serious.

Wood - broke victims collar bone but couldn’t be convicted of GBH because no skin was broken.

Eisenhower - shoot with pellet in eye causing rupture but no breaking of skin.

27
Q

It was held in DPP v Smith that GBH means

A

Really serious harm

28
Q

Expection for breaking the skin is seen in R v Bollom 2003

A

Baby’s injuries were so bad despite not breaking the skin taking into account her age and frailty it was GBH.

29
Q

In R v Dicta biological harm was also seen as GBH. What happened in the case.

A

Unprotected sex knowing he was HIV positive.

30
Q

GBH can also be non application of force for example shown in R v Burstow

A

Constant harassment which led to depression.

31
Q

CPS charging standards for GBH s20

A

Injury resulting in permanent disability
Resulting in replacement of limbs or bones
Compound fractures
Causing substantial loss of blood
Insurers resulting in lengthy treatment or incapacity
Psychiatric injury

32
Q

Men’s rea for S20 GBH

A

Defendant must intent to cause some harm or be subjectively recklessness e.g aware of risk of some harm.

33
Q

Wounding or causing grievous bodily harm with intent to do GBH under

A

S18 OAPA 1861

34
Q

Max sentence for GBH with intent

A

Life imprisonment as an indictable offence

35
Q

What is the actus reus of s18.

A

Same as s20 but the men’s rea requires the intention to be proven. It is not sufficient for the jury just to use recklessness.

36
Q

Men’s rea for s18

A

Has to be proven the intention is there to cause serious bodily harm.

Law Comp 2 CRIME (19 decks)

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