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Law 13E > Non-Fatal Offences > Flashcards

Non-Fatal Offences Flashcards

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1
Q

What is the name of the Act which covers ABH, s20 & s18?

A

Offences Against The Persons Act 1861

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2
Q

What is the name of the Act which covers assault and battery?

A

Criminal Justice Act 1988

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3
Q

Which case shows that the slightest of touches is sufficient for force?

A

Collins v Willcock

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4
Q

What does the case of Lamb tell us about apprehension of force?

A

Where there is no apprehension, there is no assault

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5
Q

What is recklessness defined as in Cunningham?

A

Conscious risk-taking

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6
Q

The actus reus of battery is: ‘The _______ of unlawful force to another’ (___________)

A

Application, (Ireland;Burstow)

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7
Q

In which case did D put acid into a hand drier and indirectly injured V?

A

DPP v K

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8
Q

The touching of clothes is sufficient for the application of force (________)

A

Thomas

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9
Q

s47 of the OAPA 1861 covers which non-fatal offence?

A

Actual Bodily Harm (ABH)

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10
Q

The mens rea for ABH is: ‘intention or recklessness as to _________?

A

Assault or battery

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11
Q

What is the actus reus of ABH?

A

Assault occasioning actual bodily harm

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12
Q

Which case demonstrates that cutting someone’s hair is ABH?

A

DPP v Smith

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13
Q

What is the mens rea for s20? And which authority supports this?

A

Intention or recklessness as to some harm (Mowatt, Grimshaw)

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14
Q

How is a wound defined in Eisenhower?

A

A break in the top two layers of the skin

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15
Q

Grievous bodily harm is defined as ‘serious harm’ (_________) or ‘really serious harm’ (________)

A

Saunders, Smith

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16
Q

Which case illustrates that a collection of minor injuries can amount to GBH?

A

Brown and Stratton

17
Q

The actus reus of s18 is ‘unlawful wounding or _________ grievous bodily harm’

A

Causing

18
Q

Name one factor which will distinguish a s18 charge from a s20 charge

A

Planned/repeated attack, selection of a weapon, prior threats, targeting a vulnerable part of the body

19
Q

What does the case of DPP v T tell us about ABH?

A

Momentary loss of consciousness is sufficient

20
Q

What is the factual test of causation and its authority?

A

The ‘but for’ test (White, Pagett)

21
Q

In which case did battery occur through an omission?

A

Santa-Bermudez

22
Q

What is the mens rea of s18?

A

Intention to cause grievous bodily harm (Belfon) or resist arrest

23
Q

Which case shows an example of biological GBH and what are the facts of this case?

A

Dica - Deliberately infected women with STIs

24
Q

The definition of ABH from Miller is: ‘any hurt or injury calculated to interfere with the health or comfort of the victim provided it is more than _____ or _____’.

A

Transient, trifling

25
Q

What is the mens rea of assault? And which authority is used?

A

Intention or recklessness as to causing V to apprehend the infliction of immediate and unlawful force (Savage)

26
Q

Which case(s) can be used to support legal causation?

A

Smith, Cheshire, Jordan

27
Q

What is ‘imminent’ defined as?

A

‘Liable to happen soon’ or ‘at some time not excluding the immediate future’ (Constanza)

28
Q

In which case does D attempt to throw stones at a crowd but instead smashes a window? And why was this not transferred malice?

A

Pembliton, malice can only be transferred from one person to another, not from person to object

29
Q

Which is the more serious offence: s20 or s18?

A

s18

30
Q

ABH is found under which section of the OAPA 1861?

A

s47

31
Q

What is the actus reus of s18?

A

Unlawful wounding or causing grievous bodily harm

32
Q

In which case did words negate an assault?

A

Tuberville v Savage

33
Q

Contact ‘acceptable in the o_____ c_____ of everyday life’ will not be battery (F v W______)

A

Ordinary conduct, (F v West Berks HA)

34
Q

Psychological harm can be ABH (C___ F___), but this must be more than f___ or panic

A

(Chan Fook), fear

35
Q

What does Bollam tell us about the age of the victim regarding GBH?

A

Injuries to a child or elderly person would be more serious than to an adult with the same injuries

36
Q

What principle do we get from Smith v CC of Woking Police regarding assault?

A

That a locked door is not a bar to prosecution

Law 13E (12 decks)

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