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OCR LAW - Criminal Law 1 (B) A001 > Non Fatal Offences Against The Person > Flashcards

Non Fatal Offences Against The Person Flashcards

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1
Q

What is the AR assault?

A

Causing V to apprehend immediate and unlawful force.

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2
Q

Men’s Rea for assault?

A

Intention or recklessness as to the assault.

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3
Q

Where is assault in the law?

A

s39 CJA 1988

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4
Q

What is the Max punishment for assault?

A

12 months or £5000 fine

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5
Q

What 2 cases clear up Actus reus?

A

R v Constanza 1997 - written words satisfied AR for assault
R v Ireland 1997 - silent phone calls satisfied AR for assault

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6
Q

What happened in R v Lamb?

A

Unloaded gun is pointed a V so they no there’s no assault. Immediate does not mean instant but imminent.

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7
Q

What happened in Smith V Chief Superintendent of Woking Police Station?

A

D broke into a garden and looked through Vs ground floor bedroom window at 11pm. Even though D was outside so couldn’t attack V didn’t know he was going to do next so was scared. This satisfied the immediate.

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8
Q

Words indicating no violence may prevent an assault from occurring is what?

A

Negated assault

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9
Q

What is negated assault?

A

Words indicating no violence may prevent an assault from occurring

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10
Q

What is the case for negated assault?

A

Tuberville v Savage - D place his hand on his sword and said “if I were not assize the time, I would not take such language from you” = if it wasn’t Monday I would punch you. Held that words indicted no violence would occur.

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11
Q

What is the actus reus for Battery?

A

Application of unlawful force onto another person

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12
Q

What is the men’s Rea of Battery?

A

Intention or recklessness as to the battery.

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13
Q

Where is battery in the law?

A

s39 CJA 1988

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14
Q

What are the 6 cases for battery?

A

Collins V Wilcock
Wood ( Fraser ) v DPP
R v Thomas
R v Martin
DDP v K
A v UK

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15
Q

What happened in Collins v Wilcock?

A

Two police officers tried to talk to two woman who thought they were soliciting for prostitution. The woman walked away and officer grabbed her arm. She scratched his arm and was convicted of assault. She appealed as police wasn’t doing his duty and she was entitled to free herself. Courts agreed.
They said that touching someone whilst trying to get their attention is okay.

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16
Q

What happened in Wood ( Fraser ) v DPP?

A

Police was told someone named Fraser had thrown an ashtray at someone. 3 police officers arranged and saw Wood who fitted Frasers description leave. One grabbed Woods arm and asked if he was Fraser he denied it and tried to pull away. Another officer trapped his other arm. He was charged with assaulting 2 police officers. 1st officer said he grabbed his arm to detain not arrest. This meant Wood was entitled to struggle.

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17
Q

What happened in R v Thomas and what did it clarify?

A

D touched a woman’s skirt and rubbed it. COA said that there was no dispute that touching someone’s clothes is equivalent to touching him.
Touching clothing can be sufficient battery.

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18
Q

What happened in DDP v K and what did it clarify?

A

D was 15 year old school boy who took sulphuric acid from his lesson to see its reaction on toilet paper. He then hid it in the hot air dryer, thinking to remove it later, but before he could another student used the dryer and sprayed with acid. D charge with ABH and was acquitted by Mag. P than appealed where it was held a common assault could be committed through an indirect act.
A battery can occur through an indirect act. D causes force without touching V.

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19
Q

Explain liability arising via an omission?

A

Occurs if D is under a duty to act - Santa - Bermudez

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20
Q

Explain unlawful force?

A

Must be unlawful unlike self defence, genuine consent or prevention of a crime and discipline of a child.

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21
Q

What happened in A v UK?

A

A jury acquitted a father who had his son beaten with a garden cane.
European court of human rights ruled that a law allowing force onto children clashed with Article 3 of ECHR.
However, the Children Act 2004 provides that a battery committed onto a child is unlawful if it results in any injury.

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22
Q

Explain battery without an assault?

A

It is possible to have battery without an assault - if V doesn’t know that unlawful force is about to be used.

23
Q

What is the Actus Reus for ABH?

A

Assault or battery occasioning ABH

24
Q

What is the Men’s Rea for ABH?

A

Intention or recklessness to the assault or battery.

25
Q

Where is it in the law? (ABH)

A

Offence Against The Person Act 1861 - s47

26
Q

What does HOL say about Miller? (ABH)

A

ABH is any hurt or injury calculated or interfere with health or comfort of V

27
Q

What are the 5 cases for ABH?

A

T v DDP
DDP v Smith
R v Chan Fook 1994
R v Roberts
R v Savage

28
Q

What happened in T v DDP and what did it show?

A

D and a group of youths chased V who fell to ground and saw D coming to kick him. He momentarily lost consciousness and remembered nothing. D was convicted of ABH.

Loss of consciousness was held to be ABH

29
Q

What happened in DDP v Smith and what did it mean?

A

D had argument with girlfriend. He then cut of her ponytail and hair from the top of her head without consent.
Mag thought it wasn’t ABH but appealed and the Divisional Court held that a substantial amount of hair is ABH.

A substantial amount of hair is ABH.

30
Q

What happens in R v Chan Fook 1994 and what did it mean?

A

Psychiatric harm can be ABH - They pointed out the that ABH does not include “mere emotions such as fear , distress or panic or states of mind that are not themselves. This was approved by HOL in R v Burstow 1997.

31
Q

What happened in R v Roberts?

A

D gave V a lift to a party and made advances which were rejected. Made further advances to the girl in the passenger seat. She feared he was going to commit a more serious offence so jumped out of a car, travelling 30 mph. She was slightly injured and he was found guilty of assault occasioning ABH. .

32
Q

What happened in R v Savage?

A

D threw her beer over another woman, while doing this the glass slipped and cut the victims hand. Even though there was no intention for her to be injured and she didn’t realise there was a risk. She was convicted of a s20 offence, put the COA crushed it and replaced it with a s47. She tried to appeal to the House of Lords, but they dismissed it. She intended to throw the beer (unlawful force) and this satisfied the MR of s47.

33
Q

What is the actus reus for GBH?

A

To cause GBH

34
Q

What is the Men’s Rea for GBH?

A

The defendant intended to cause some injury or reckless as to whether injury was caused.

35
Q

Where in the law is GBH?

A

OATP 1861 s20

36
Q

What is the max sentence? ( GBH )

A

5 years

37
Q

What are the seven cases for GBH?

A

J J C v Eisenhower
Saunders 1985
R v Wood
R v Bollum 2004
R v Lewis
R v Burstow
R v Dica

38
Q

What happened in JJC v Eisenhower and what did this mean?

A

V was hit in the eye by shotgun pellet severe bleeding but skin not penetrated.
Unless the skin is broken it isn’t a Wound.

39
Q

R v Wood and what did it show?

A

Vs collarbone was broken but skin intact so no wound.

40
Q

What did DDP v Smith 1961 say about GBH?

A

Has to be “really serious harm”

41
Q

What did Saunders 1985 say about GBH and what did this mean?

A

Permissible to direct a jury that there needs to be “serious harm” not including the word really.
Overruled DDP v Smith

42
Q

What happened in R v Bollum 2003 and what did it mean?

A

17 month old had bruising on abdomen, both arms and left leg.
D convicted of GBH. COA quashed ABH.
It was held the severity of the injuries should be assessed according to victims age and health.

43
Q

What did R v Dica show?

A

Infecting someone with HIV is GBH

44
Q

What happened in R v Lewis and what did it show?

A

D shouted threats at wife through a closed door and tried to break in.
Wife so scared she jumped fringe second floor apartment and broke both of her legs.
Husband convicted of s20.
This meant that threats could be technical assault.

45
Q

What happened in R v Burstow and what did this mean?

A

D carried out a 8 month campaign of harassment against a woman he had a brief relationship with 3 years ago. V got severe depression. D convicted of s20 and it was upheld by HOL.
Decided that “inflict” didnt require a technical assault and that a psychiatric injury is GBH.l.

46
Q

What did Cunningham 1957 show?

A

In s20 “maliciously”didnt require any ill will toward V it meant :
An intention to do the particular harm that was in fact done.
Recklessness as to whether such harm should occur or not. ( have they foreseen but acted on the risk anyway )

47
Q

What happened in R v Parmenter?

A

D injured a 3 month old child by throwing up in the air and catching.
D didn’t realise risks of injury but was convicted of s20. HOL quashed this as there was no evidence he foresaw an any injury and replaced it with s47.

48
Q

What did R V Parmenter show?

A

It comfirmed that the Cunningham meaning of recklessness applies to all statutory offences that uses the word “malicious”.
HOL decided that although s20 requires a wound or injury there is no need for D to foresee this level of injury.

49
Q

What is the Actus Reus for s18 GBH and Wounding?

A

To cause wounding or GBH
“Cause” is very wide - only have to prove that D was a substantial cause.

50
Q

What is the men’s Rea for s18 GBH and Wounding?

A

Intention to cause GBH.
Or intention to prevent the lawful apprehension or detainer of any person.
An intention to wound isn’t enough for the MR of s18.

51
Q

What is the maximum punishment of s18 and s20?

A

s20 - max 5 years , TEW offence
s18 - max life , indictable

52
Q

What does s18 state? ( don’t think you need to know this )

A

Whoever shall unlawfully and maliciously by any means, whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful, apprehension or detain of any person shall be guilty of any offence.

53
Q

What happened in R v Taylor?

A

V was found with scratches across his face and a stab wound in the back. It was impossible to tell how deep the wounds were so the medical evidence couldn’t help the jury to see if the defendant intended to cause really serious injuries. Judge told them that they had to be sure that prosecution had proved that he had intended to cause GBH or to wound. He was convicted.

54
Q

As s18 is a specific intent offence intention had to be proven - Explain with cases.

A

Moloney - Foresight of consequences is not intention, only evidence in which intention can be inferred or found.
Nedrick ‘86 and Woolin ‘98 - intention cannot be found unless harm was a virtual certainty and the defendant realised this.

OCR LAW - Criminal Law 1 (B) A001 (9 decks)

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