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Law yr1 > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

Assault occasioning in actual bodily harm

A

S.47 Offences Against the Person Act 1861

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2
Q

Infliction of grievous bodily harm and malicious wounding

A

S.20 Offences Against the Person Act

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3
Q

Grievous bodily harm with intent

A

S.18 Offences Against the Person Act

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4
Q

Facts about assault

A

Common law offence
Charged under S.39 Criminal Justice Act 1988
Summary offence

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5
Q

Punishment for assault

A

6 month imprisonment or up to £5000 fine

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6
Q

Assault AR

A

An act that causes the victim to apprehend the immediate infliction of violence

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7
Q

Collins v Wilcock

Assault

A

Only needs to cause fear, no force needs to actually be applied

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8
Q

Logdon v DPP

Assault

A

The victim had apprehended immediate physical violence and the defendant had been at least reckless as to whether this would occur

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9
Q

Smith v Chief Superintendent of Working Police Station

Assault

A

Door locked and behind a window but still fear her safety, this is sufficient immediate for an assault

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10
Q

R v Constanza

Assault

A

Not excluding the immediate future

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11
Q

R v Ireland

Assault

A

Silent phone calls considered to be and assault

Words can amount to an assault

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12
Q

Tuberville v Savage

Assault

A

Words can negate assault

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13
Q

Assault MR

A

Must intend to cause the victim to fear the immediate infliction of unlawful force or see the risk that fear would be created

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14
Q

Assault MR

A

Must intend to cause the victim to fear the immediate infliction of unlawful force or see the risk that fear would be created

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15
Q

R v Cunningham, R v G and another

A

Subjective recklessness linked to assault MR

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16
Q

Definition of assault

A

An intentional or reckless causing of an apprehension of immediate unlawful personal violence

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17
Q

Battery definition

A

Infliction of unlawful harm

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18
Q

Batter facts

A

Common law offence
Summary offence
Charged under S.39 Criminal Justice Act 1988

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19
Q

Punishment for battery

A

6 months imprisonment or a fine

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20
Q

Battery AR

A

The application of unlawful force against the victim or another

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21
Q

Collins v Wilcock

Battery

A

Merest unwanted touch

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22
Q

Haystead v Chief Constable of Derbyshire

Battery

A

When the mother lost control of the child, this was entirely and immediately the result of the defendants action in punching her

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23
Q

Fagan v Metropolitan Police Commissioner

Battery

A

Both the indirect and direct application of force could constitute the AR of battery

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24
Q

R v Thomas

Battery

A

The term physical force implies that a high level of force needs to be applied but this isn’t the case. The victims must be aware of the defendants actions in order to be afraid

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25
Q

Wood v DPP

Battery

A

Technical assault by the officer and Wood was entitled to struggle and was not guilty of any offence

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26
Q

DPP v Santana - Bermudez

Battery

A

Battery can be an omissions too

Defendants failure to tell police officer of the needle could amount to the AR

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27
Q

Haystead v Chief Constable of Derbyshire

Battery

A

The defendant must cause the AR of battery. If the victim incurs the actual infliction of unlawful personal violence but the defendant did not cause this, the defendant cannot be liable

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28
Q

Battery MR

A

An intention to apply unlawful physical force to someone or subjective recklessness as to whether that force was applied

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29
Q

R v Venna

A

MR of battery

30
Q

S.47 AR part 1

A

Assault or battery

Requires proof of the AR of assault or battery

31
Q

S.47 AR part 2

A

Chain of causation must be established and the assault or battery must occassion in actual bodily harm for criminal liability

32
Q

R v Roberts

S47

A

Reaction to circumstances was reasonably forseeable so the chain of causation was not broken

33
Q

S.47 AR part 3

A

Actual bodily harm

No description only cases for actual bodily harm

34
Q

R v Donovan

S47

A

ABH includes any physical or psychiatric harm that is not “merely transitory and trifling”

35
Q

Miller

S47

A

Any hurt or injury that interferes with the health or comfort of the victim

36
Q

T v DPP

S47

A

Loss of consciousness even momentarily was held to be actual bodily harm

37
Q

DPP v Smith

S47

A

Cutting the victims hair can amount to actual bodily harm

38
Q

Chanfook

S47

A

Includes psychiatric injury but must be an identifiable clinical condition. Needs to be more than transitory and trifling

39
Q

S.47 MR

A

The same as assault or battery

40
Q

Roberts

S47

A

Found guilty of ABH even though he had not intended any injury or realised there was a risk in injury however he had applied unlawful force and this satisfies the MR for common assault

41
Q

Savage

S47

A

Had the intention to apply unlawful force

42
Q

Malicious wounding or infliction grievous bodily harm

A

S.20

43
Q

Punishment for S.20

A

triable either way for 5 years

44
Q

facts about S.20

A

Unlawful and malicious wounding and unlawful and malicious inflicting grievous bodily harm. Applicable when there is a wound but not GBH or when there is GBH but not a wound

45
Q

S.20 AR

A

Grievous bodily harm, serious harm following Saunders

46
Q

DPP v Smith

S20

A

Really serious harm

47
Q

R v Brown and Stratton

S20

A

Several lesser injuries should be considered together, none of the injuries in isolation would have been sufficient for this charge

48
Q

Clarence

S20

A

Word inflict was given a restrictive meaning

49
Q

R v Dica

S20

A

Infecting someone with HIV was inflicting GBH

50
Q

R v Halliday

S20

A

Convicted because the injuries his wife sustained were a direct result of the defendants act

51
Q

Bollom

S20

A

Severity of injuries should be assessed in accordance with the victims age and health

52
Q

Burstow

S20

A

Serious psychiatric injury can be GBH

53
Q

Wounding

A

Requires a breaking of the skin. Bleeding must normally occur as seen in Moriarty v Brookes

54
Q

JCC v Eisenhower

Wounding

A

Not a sufficient wound under S.20 as the skin was not broken

55
Q

Wood

Wounding

A

Collar bone was broken but the skin wasn’t so not a wound

56
Q

S.20 MR

A

Intention or subjective recklessness as to some harm, must be done maliciously.

57
Q

Cunningham

S.20

A

An intention to do harm that was done or recklessness as to whether that harm should occur or not (the defendant must foresee it)

58
Q

R v Mowatt

S.20

A

Does not need to intend to cause GBH or wounding but must either intend to cause some harm or be reckless as to whether some harm will

59
Q

DPP v A

S20

A

It is only required to have foreseen some harm might occur not that it would occur

60
Q

R v Adaye

S20

A

Did not know conclusively that he had HIV, the Crown Court held that knowledge of a higher level of risk of HIV was sufficient to hold that the defendant had acted recklessly

61
Q

Intend to maliciously wound or cause grievous bodily harm with intent

A

S18 Offences Against the Persons Act 1861

62
Q

Punishment for S18

A

Maximum sentence of life

63
Q

S18 AR

A

Wounding or causing GBH, it is necessary to prove the defendant’s actions were the substantial cause of the wound or GBH and causation is required

64
Q

S18 MR

A

Intent to cause serious harm or maliciously wound

65
Q

R v Belfon

S18

A

must have specific intent to do some GBH or resist or prevent the lawful apprehension or detention of any person

66
Q

Taylor

S18

A

Intention to wound is not enough for the MR

67
Q

Nedrick and Woollin

S18

A

Intention can be direct or oblique

68
Q

Examples of S47

A 
Loss or breaking or teeth
Temporary loss of sensory functions
Extensive or multiple bruising
Displaced broken nose
Minor fractures
Psychiatric injury which is more than fear, distress or panic
69
Q

Examples of S20

A

Resulting in permanent disability or permanent loss of a sensory function
More then minor permanent visible disfigurement
Broken or displaced limbs or bones
Substantial loss of blood
Lengthy treatment needed or incapacity
Any serious cut or laceration is a wounding under S18 or S20

70
Q

Examples of S18

A

Repeated or planned attack
Deliberate selection of a weapon or any adaptation of an article to cause injury
Making prior threats
Using an offensive weapon against or kicking the victims head

Law yr1 (10 decks)

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