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Non-Fatal Offences Flashcards

1
Q

What is the essay structure used for non-fatal offences?

A

IDEA-EA
Identify who D and V are and what crime may have been committed.
Define the offence (where is it found)
Explain AR (say what cases are applicable to the scenario and the principles from them)
Apply AR (say how D has committed the offence, based on the cases outlined)
Explain MR (say the relevant cases and principles)
Apply MR (Say how D has the MR for the offence)
Say whether or not D has committed the offence.

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2
Q

Where is assault define?

A

Common Law

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3
Q

What is the actus reus of assault?

A

Causing the victim to apprehend immediate unlawful force.

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4
Q

What 3 things need to be proven for assault?

A
  1. D’s wrongful actions
  2. V has to apprehend force
  3. The force must be immediate
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5
Q

What is the case for D’s ACIONS being threatening?

A

Read v Coker

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6
Q

What is the principle from Read v Coker

A

Gestures/Actions can be assault. e.g. raising fists.

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7
Q

What are the cases for D’s words being threatening?

A

R v Ireland
R v Constanza

Tuberville v Savage

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8
Q

What are the principles from R v Ireland?

A
  1. Silence can count as assault

2. Spoken words can be assault

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9
Q

What is the principle from R v Constanza?

A

Written words can be assault e.g. letters

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10
Q

What is the principle from Tuberville v Savage?

A

D’s words can negate assault if they indicate there will be no violence.

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11
Q

What is the case for V’s apprehension of force?

A

DPP v Logdon

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12
Q

What is the principle from DPP v Logdon?

A

It is possible to apprehend force even if the force is not possible, as long as V believes it’s possible. e.g. being afraid of a toy gun.

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13
Q

What is the case for the force V apprehended being immediate?

A

Smith v CCoW (Chief Constable of Woking)

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14
Q

What is the principle from Smith v CCoW?

A

Immediate means ‘in the near future’, not necessarily straight away.

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15
Q

What is the mens rea for assault?

A

Intentionally or recklessly causing the V to apprehend immediate unlawful force.

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16
Q

What are the cases for direct intention and recklessness?

A

Direct Intention: R v Mohan

Recklessness: R v Cunningham

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17
Q

Where is battery defined?

A

Common Law

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18
Q

What is the actus reus of battery?

A

Applying unlawful force on/to another person.

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19
Q

What is the case that describes force?

A

R v Thomas

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20
Q

What is the principle from R v Thomas?

A

Force is the (s)lightest touch. Touching clothing counts as the same as touching a person.

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21
Q

What is the case that defines what is meant by ‘unlawful’ force?

A

Wilson v Pringle

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22
Q

What is the principle from Wilson v Pringle?

A

For a battery the contact must be proved to be hostile.
Hostile means unwanted/no consent.
‘Ordinary jostlings of everyday life’ would not count as unlawful force.

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23
Q

What are some examples of ‘ordinary jostlings of everyday life’?

A
  • London underground
  • Supermarket
  • Concert
24
Q

What are the 3 extra cases showing different ways force can be applied?

A
  1. Fagan v MPC - Applied via a continuing act.
  2. DPP v K - Applied indirectly via an object
  3. DPP v Santana-Bermudez - Applied by an omission where D fails to act.
25
Q

What is the mens rea of battery?

A

Intentionally or recklessly applying unlawful force on/to another person.

26
Q

Where is ABH defined?

A

S.47 of the OAPA 1861

27
Q

What is the Actus Reus of ABH?

A

Either an assault or battery that causes ABH to another person.

28
Q

What are the 3 elements to the actus reus of ABH?

A
  1. The Actus Reus of Assault/Battery
  2. V Suffers an Injury which counts as ABH
  3. The assault/battery causes the injury.
29
Q

What did R v Miller define ABH as?

A

‘Any hurt or injury calculated to interfere with the health or comfort of the victim.’

30
Q

What is the main case for ABH?

A

R v Chan Fook

31
Q

What are the 2 principles from R v Chan Fook?

A
  1. ‘Harm cannot be so trivial as to be wholly insignificant.’
  2. Psychiatric harm can count as ABH (emotions are not)
32
Q

What are the 2 extra cases for ABH?

A

T v DPP

DPP v Smith

33
Q

What is the principle from T v DPP?

A

A short loss of consciousness can be ABH

34
Q

What is the principle from DPP v Smith?

A

Cutting off a person’s hair is ABH

35
Q

How is the essay structure for ABH different?

A 
IDEA-EA-Causation-EA
First EA - AR Assault/Battery
Second EA - AR ABH
Causation - Explain Factual and Legal Causation (and Intervening Acts) 
Third EA - MR
36
Q

What is the Mens Rea for ABH?

A

It is the same as assault/battery (depending on which is relevant to the scenario and was explained in AR)

37
Q

What is the case for MR of ABH

A

R v Savage

38
Q

What is the principle from R v Savage?

A

D does not need to intend/be reckless as to causing ABH to V, they just need the MR for assault/battery.

39
Q

Where is wounding defined?

A

S18 and S20 of the Offences Against the Person Act 1861

40
Q

Where, in an essay is the section of the OAPA identified for wounding/GBH?

A

When applying MR

41
Q

What is the actus reus of wounding?

A

To unlawfully wound another person.

42
Q

What did JCC v Eisenhower say a wounding was?

A

“Wounding is a cut or break in at least 2 layers of skin.” - Internal bleeding does not count as a wound.

43
Q

What did R v Wood say?

A

A broken bone is not a wound unless it breaks the skin as well.

44
Q

Must causation be proved for D to be guilty of wounding/GBH?

45
Q

What is the mens rea of wounding?

A

S20 - D intended/was reckless as to cause SOME harm (R v Mowatt) - (Direct Intent and Recklessness)
S18 - D intended to cause REALLY SERIOUS harm (R v Belfon) - (Direct and Indirect Intent)

46
Q

Where is GBH defined?

A

S18 and S20 of the Offences Against the Person Act 1861

47
Q

What is the actus reus of GBH?

A

To inflict/cause grievous bodily harm on a person

48
Q

What did DPP v Smith define GBH as?

A

“Really serious harm” and that V’s injuries do not have to be life-threatening.

49
Q

What is the principle from R v Burstow?

A

GBH can be serious psychiatric harm.

50
Q

What is the principle from R v Dica?

A

GBH can be serious biological harm.

51
Q

What is the principle from R v Brown and Stratton?

A

GBH can be an accumulation of minor injuries.

52
Q

What is the principle from R v Bollom?

A

Age and Health are factors that can be considered when deciding whether the injuries are serious enough to be GBH.

53
Q

What is the principle from R v Martin?

A

GBH can be committed indirectly.

54
Q

What is the mens rea of GBH?

A

S20 - D intended/was reckless as to cause SOME harm (R v Mowatt) - (Direct Intent and Recklessness) - Malicious infliction of GBH
S18 - D intended to cause REALLY SERIOUS harm (R v Belfon) - (Direct and Indirect Intent) - Causing GBH with intent

55
Q

What is the other way a D can be convicted under S18?

A

Causing GBH/Wounding with intention to RESIST ARREST (alongisde the intent/recklessness to cause some harm (S20)).
I.e. S20 + Resisting Arrest = S18

Law (43 decks)

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