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Law > Non-fatal offences > Flashcards

Non-fatal offences Flashcards

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1
Q

Actus reus for assault

A

causing V to apprehend immediate unlawful violence

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2
Q

Assault - 3 ways that violence can be anticipated

A

Actions (Logdon)
Silence (Ireland)
Words (Constanza)

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3
Q

Assault AR - immediate

A

Does not have to be straight away, V doesn’t need to know how or when (Smith v Chief Police)

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4
Q

Assault AR - unlawful violence

A

without consent

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5
Q

Mens rea for assault

A

intentionally or recklessly causing V to anticipate immediate unlawful violence

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6
Q

Actus reus for battery

A

Unlawful application of force to another person

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7
Q

Battery AR - application of force

A

Can be the slightest touch

  • direct (Wood)
  • indirect (DPP v K)
  • omission (DPP v Santa)
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8
Q

Battery AR - another person

A

Includes clothing (Thomas)

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9
Q

Mens rea for battery

A

Intentionally or recklessy applying unlawful force to another person

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10
Q

Cases for intention and recklessness

A

Intention - Mohan

Recklessness - Cunningham

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11
Q

Actus reus for S.47

A

Assault or battery causing ABH

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12
Q

Causation, key points, cases

A

Factual, but for, Paggett
Legal, more than min, Kimsey
Intervening acts, break chain, Jordan
Thin skull rule, take V as they are, Blaue

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13
Q

Actual bodily harm

A

any hurt or injury calculated to interfere with the comfort of the victim

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14
Q

3 key points and cases for ABH

A

Must be more than trivial (Miller)
Can be physical or psychological (Chan Fook)
Age can be considered (Bollom)

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15
Q

Mens rea for S.47

A

Intentionally or recklessy causing the initial assault or battery

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16
Q

Actus reus for S.20/18

A

Unlawfully causing a wound or grievous bodily harm

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17
Q

S.20/18 AR - unlawfully

A

Without consent, cannot consent to GBH or death (Brown)

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18
Q

S.20/18 AR - wound

A

A cut or break in the whole skin (JJC v Einsenhower)

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19
Q

S.20/18 AR - what is GBH

A 
Serious harm (Saunders)
-can be a selection of minor injuries (Brown v Stratton)
20
Q

Mens rea for S.20

A

intentionally or recklessly causing another person some harm (Mowatt)

21
Q

Mens rea for S.18

A

Intentionally causing serious harm (Belform)

22
Q

Assault + Battery max. sentence

A

6 months jail, £5000 fine

23
Q

S.47/S,20 max. sentence

A

5 years jail

24
Q

S.18 max. sentence

A

life

25
Q

Logdon

A

Someones action can form an assault

26
Q

Ireland

A

Silence can form an assault

27
Q

Constanza

A

Words can form an assault

28
Q

Smith v Chief police station

A

V doesn’t need to know how or when violence will occur to form an assault

29
Q

Wood v DPP

A

Direct force can form a battery

30
Q

DPP v K

A

Indirect force can form a battery

31
Q

DPP v Santa

A

An omission can form a battery

32
Q

Thomas

A

Application of force to another persons clothes can form a battery

33
Q

Mohan

A

Direct intention

34
Q

Cunningham

A

Recklessness

35
Q

Paggett

A

Factual causation - Would consequence have happened but for D’s conduct

36
Q

Kimsey

A

Legal causation - were D’s actions a more than minimal cause of the consequence

37
Q

Blaue

A

Thin skull rule - take V as they are

38
Q

Miller

A

Injury for ABH must be more than trivial

39
Q

Chan Fook

A

Injury/hurt for ABH can be psychological

40
Q

Bollom

A

Age can be considered when looking at injury for ABH

41
Q

Savage

A

MR for ABH - Intentionally or recklessly causing initial assault or battery

42
Q

JJC v Eisenhower

A

A wound is a cut or break in the whole skin, breaks a layer

43
Q

Saunders

A

GBH is serious harm

44
Q

Mowatt

A

S.20 MR - intentionally or recklessly causing some harm

45
Q

Belform

A

S.18 MR - intentionally causing serious harm

Law (6 decks)

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