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Law > Non Fatal Offences > Flashcards

Non Fatal Offences Flashcards

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1
Q

Assault is defined in

A

Common law

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2
Q

Actus Reus of assault

A

Causing the victim to apprehend immediate unlawful force

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3
Q

3 things to prove for assault

A
  1. D has done something threatening
  2. V apprehended immediate unlawful force
  3. Force V apprehended was ‘immediate’
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4
Q

Case showing gestures/actions can be an assault

A

Read V Coker

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5
Q

Case showing silence or verbal threats can be an assault

A

R v Ireland

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6
Q

Case showing written words can be an assault

A

R v Constanza

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7
Q

Case showing words can negate a threat

A

Tuberville v Savage

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8
Q

Case showing v can apprehend force even if it’s not possible

A

DPP v London

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9
Q

⭐️ Case showing force being ‘immediate’ means in the near future

A

⭐️ Smith v CCoW

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10
Q

Mens rea of assault

A

Intention or recklessness to case V to apprehend immediate unlawful force

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11
Q

Battery is defined in

A

Common law

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12
Q

Actus reus of battery

A

Applying unlawful force on/to another person

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13
Q

Case showing the slightest/lightest of touch of even clothing can be battery

A

R v Thomas

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14
Q

⭐️ Case showing force must be hostile which means unwanted and beyond jostlings of everyday life

A

⭐️ Wilson v Pringle

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15
Q

Case showing force can be applied via continuing act

A

Fagan v MPC

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16
Q

Case showing force can be applied indirectly eg. Via an object (chain reaction)

A

DPP v K

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17
Q

Case showing force can be applied via omission where D has a duty to act

A

DPP v Santana Bermudez

18
Q

Mens rea for battery

A

Intention or recklessness to apply unlawful force

19
Q

Assault occasioning actual bodily harm is defined in

A

Section 47 of the Offences Against the Person Act 1861

20
Q

Actus reus of assault occasioning actual bodily harm

A

Either an assault or battery which causes ABH to another person

21
Q

3 elements of actus reus to ABH

A
  1. Actus reus of assault or battery
  2. V suffers injury which counts as ABH
  3. The assault/battery causes that injury
22
Q

⭐️ case showing ABH harm cannot be so trivial as to be wholly insignificant

A

⭐️ r v Chan Fook

Psychiatric harm can be ABH

23
Q

Case that shows cutting hair can be ABH

A

DPP v Smith

24
Q

Case showing short loss of consciousness can be ABH

A

T v DPP

25
Q

Wounding is defined in s20 and s18 of the Offences Against the Person Act 1861

A

Actus reus of wounding is to unlawfully wound another person

26
Q

⭐️ Case showing wound must break at least 2 layers of skin

A

⭐️ JCC v Eisenhower

Internal wounding doesn’t count

27
Q

⭐️ S20 OAPA 1861 (Wounding & GBH)

A

⭐️ Direct intention or recklessness as to cause some harm - R v Mowatt

28
Q

⭐️ S18 OAPA 1861 (wounding and GBH)

A

⭐️ Direct or Oblique intention to cause really serious harm - r v Belfon

29
Q

GBH is defined in

A

S20 or 18 of the OAPA 1861

30
Q

Actus reus of GBH

A

To inflict/ cause grievous bodily harm on a person

31
Q

⭐️ case showing GBH means really serious harm but they don’t need to be life threatening

A

⭐️ DPP v Smith

32
Q

Case showing GBH can be serious psychiatric harm

A

R v Burstow

33
Q

Case showing GBH can be serious biological harm

A

R v Dica

34
Q

Case showing an accumulation of minor injuries can be GBH

A

R v Brown and Stratton

35
Q

Case showing age and health are factors that can be considered when deciding whether injuries are serious enough to be GBH

A

R v Bollom

36
Q

Case showing GBH can be committed indirectly

A

R v Martin

37
Q

Alternative mens rea S18 OAPA

A

Causing GBH and/or wounding with intention to resist arrest and intention or recklessness to cause some harm

38
Q

⭐️ Savage (ABH mens rea)

A

Does not need to intent or realise a risk of harm (mens rea for assault or battery)

39
Q

ABH injuries

A

Broken finger, chipped teeth, unconscious short period, broken toe, broken nose, bruise, swollen cheek, PTSD, black eye, depression, anxiety, sprained ankle, black eye

40
Q

GBH injuries

A

Fractured skull, punctured lung, internal bleeding, clinical depression, severe bruising, broken leg, broken arm, broken collar bone, brain damage, broken ribs, paralysed

Law (42 decks)

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