Non-fatal offences against the person Flashcards

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1
Q

Assault - actus reus

A

An act which causes the victim to apprehend immediate, unlawful force

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2
Q

Assault - mens rea

A

Intention or recklessness

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3
Q

Battery - mens rea

A

Intention or recklessness

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4
Q

Battery - actus reus

A

Applying unlawful force to another

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5
Q

s47 Assault occasioning ABH - actus reus

A

An assault or battery, which leads to bodily harm which is “more than transient or trifling”

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6
Q

s47 Assault occasioning ABH - mens rea

A

Intention or recklessness about committing an assault or battery (not about causing harm)

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7
Q

s20 Assault occasioning GBH - actus reus

A

An assault or battery which leads to “really serious” harm

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8
Q

s20 Assault occasioning GBH - mens rea

A

Intention or recklessness about causing SOME HARM (not about causing grievous bodily harm)

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9
Q

s18 Wounding or causing GBH with intent - actus reus

A

An act which wounds or causes really serious harm to a person

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10
Q

s18 Wounding or causing GBH with intent - mens rea

A

(1) Intention to cause GBH
(2) Intention to resist arrest

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11
Q

Maximum sentence for s18 OAPA offence

A

Life imprisonment

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12
Q

Maximum sentence for common law assault or battery

A

Six months’ imprisonment and/or fine of £5000

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13
Q

Maximum sentence for s47 ABH or s20 GBH

A

Five years’ imprisonment

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14
Q

Case that shows that a battery can be committed by an indirect act

A

DPP v K (1990) (boy puts acid into hot-air dryer in toilets, leading to another pupil being sprayed with acid - this is applying unlawful force indirectly)

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15
Q

Force can be “lawful”, and hence not a battery, when…

A

(1) It is in self-defence or trying to evade someone
(2) There is consent
(3) It’s an ordinary gesture like shaking hands

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16
Q

R v Lamb (1967)

A

Pointing an unloaded gun at someone who knows it is not loaded cannot be an assault

17
Q

Tuberville v Savage (1669)

A

Words can prevent an act from being an assault, though it depends on the context

(Here, a man puts his hand on his sword and says “Were it no assize time, I would not take such language from you”)

18
Q

Case that shows cutting someone’s hair off can be actual bodily harm

A

DPP v Michael Smith (2006)

19
Q

Despite the term ‘grievous “bodily” harm’, it can also include…

A

… Psychiatric injury, like depression caused by an assault (although it cannot include emotions like panic/stress)

20
Q

Giving someone HIV can count as…

A

…grievous bodily harm (R v Dica (2004) - D does this through having unprotected sex with V but not telling her he’s HIV-positive)

21
Q

The two types of involuntary manslaughter are…

A

(1) Unlawful act manslaughter (2) Gross negligence manslaughter

22
Q

Unlawful act manslaughter - requirements (4)

A

(1) D commits a crime
(2) D has the mens rea for this crime
(3) D’s act is dangerous
(3) D’s act causes someone to die