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Law > Non fatal offences > Flashcards

Non fatal offences Flashcards

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1
Q

Assult definition

A

Common law offence

Ireland- d intentionally or recklessly causes the victim to apprehend immediate and unlawful violence

S.39 criminal justice act 1988- summary offence- max sentence 6 months imprisonment and/or fine

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2
Q

First step of assult

A

The act

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3
Q

The act

A

Can be actions, words, gestures or silence

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4
Q

Act - constanza

A

Written words alone are enough for an assult

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5
Q

Act - ireland

A

Words are enough for assault

Silence can amount to an assault

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6
Q

Second step assault

A

Apprehend

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7
Q

Apprehend

A

What the victim thought was going to happen

Expectation / anticipation

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8
Q

Apprehend - lamb

A

If v doesn’t apprehend immediate force, assault has not been committed

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9
Q

Apprehend - logdon

A

Doesn’t matter if d made his threat as a joke if the v believed him

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10
Q

Apprehend - Tuberville v savage

A

Words can prevent an assault if they indicate d is not intending to cause harm - v would not be apprehending

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11
Q

Third step assualt

A

Immediate

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12
Q

Assault - immediate

A

V was expecting the violence straight away

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13
Q

Immediate - smith v chief superintendent of woking police station

A

Immediate does not need to be instantaneous but it must be imminent

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14
Q

Fourth step assault

A

UPV

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15
Q

Assault - UPV

A

Is what the victim is apprehending unlawful violence

Must be unlawful due to lack of consent

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16
Q

Fifth step assault

A

Cause

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17
Q

Cause steps

A

Factual causation

Legal causation

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18
Q

Sixth step assault

A

Mens rea

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19
Q

Mens rea - assault

A

Intend or subjectively reckless to cause v to apprehend immediate unlawful violence

Doesn’t actually have to intend to carry out the actual violence

Direct intent
Oblique intent
Subjective recklessness

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20
Q

Mens rea - savage

A

Intention or subjective recklessness to cause the victim to apprehend unlawful and immediate violence

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21
Q

Battery definition

A

Common-law offence

Ireland- intentionally or recklessly applies on your physical force to another

S.39 criminal justice act 1988- summary offence- max sentence 6 months

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22
Q

First step battery

A

Force

23
Q

Force

A

Force can be slight

24
Q

Force - collins v willcock

A

Any touching of another person however slight may amount to battery

25
Q

Force - thomas

A

Touching clothes amounts to battery

26
Q

Second step battery

A

Unlawful force

27
Q

Unlawful force

A

Without consent of victim

28
Q

UnLawful force - collins v willcock

A

Those who move about society have given implied consent to the physical contact of ordinary life if contact exceeds what is held to be acceptable then the force may be unlawful

29
Q

Third step battery

A

Indirect battery

30
Q

Indirect battery

A

D causes force to be applied even though he doesn’t touch the victim

31
Q

Indirect battery - DPP V K

A

battery can be indirect

32
Q

Fourth step battery

A

Mens rea

33
Q

Battery mens rea

A

Did D intend or was he subjectively reckless to apply force - Venna

34
Q

S.47 ABH definition

A

S.47 fences against the Person act 1861

Max sentence of five years imprisonment

Either way offence

35
Q

First step ABH

A

go through battery or assualt

36
Q

Second step ABH

A

Actus reus - ABH

37
Q

Actus reus ABH

A

Be some sort of physical or psychiatric injury caused to victim

38
Q

ABH - miller

A

To fear with the health or comfort of the victim must be more than transient or trifling

39
Q

ABH - chan fook

A

More than trivial

Include psychiatric harm

40
Q

ABH - T v DPP

A

Temporary unconsciousness can be ABH

41
Q

ABH - DPP v smith

A

Cutting hair can be ABH

42
Q

Third step ABH

A

Cause

43
Q

Abh - cause

A

Did the assult/battery occasion ABH

Factual causation
Legal causation

44
Q

Fourth step ABH

A

Mens rea

45
Q

Mens rea- roberts

A

Only need mens rea for the assault or battery, d doesn’t need to intend any harm

46
Q

S.20 definition

A

S.20 OAPA 1861

Unlawfully and maliciously wound or inflict any grevious bodily harm upon another person

Either way
Max sentence- 5 years imprisonment

47
Q

AR wounding

A

When both layers of the skin are broken causing blood loss

48
Q

Wounding

Jcc v eisenhower

A

wound requires a break in the continuity of the skin

49
Q

AR GBH

A

Saunders - gbh means serious harm

Burstow- serious psychiatric harm could be gbh

Bollom - if v vulnerable - effect of more minor injury on the victim can increase to gbh

Brown and stratton - if v suffers multiple minor injuries which if taken together amounts to serious harm this will be gbh

50
Q

MR for gbh

A

Cunningham- maliciously means d must intend or be subjectively reckless

Mowatt- only need intent or subjective recklessness for some harm, not serious harm

Parmenter- d must foresee that he might cause some harm

51
Q

S.18 OAPO definition

A

Unlawfully and maliciously wound or cause any grevious bodily harm to any person with intent to do some grevious bodily harm to any person

52
Q

S.18 MR

A

Need intent only

Belfon- essential to prove intent- recklessness insufficient

Saunders- intend serious harm

53
Q

Key factors of s.18 MR

A

Obvious words of intent

V being in a vulnerable position

Repeated blows

Weapon

Vulnerable part of body

Law (18 decks)

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