Non Fatal Offences Against The Person Flashcards

0
Q

What case stated that silent phone calls could be assault

A

Ireland 1997

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1
Q

What case stated that words alone may amount to assault

A

Consanza 1997

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2
Q

What was the legal principle from smith 1983

A

If v believes they may be subject to immediate violence the fear need not be completely rational

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3
Q

To commit an assault recklessly what must the defendant do

A

Foresee the risk that v would apprehend immediate unlawful violence and still go on to take the risk

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4
Q

What case stated that if a defendant commits the AR for assault or battery while drunk it will be considered reckless

A

Majewski 1976

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5
Q

What was the case of Logden about (assault)

A

Showing v a fake gun and saying it was loaded. V was frightened

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6
Q

B- What was the legal principle from Collins v Wilcock

A

It need not be a serious attack

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7
Q

Do you bad to suffer an injury for it to be a battery

A

No

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8
Q

B- What case said the force can be indirect

A

DPP v K

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9
Q

B- Which was the case that decided that a coat is an extension of the body if v is wearing it

A

R v Thomas

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10
Q

Can you have battery without an assault

A

Yes

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11
Q

Which case stated you can commit a battery through an omission

A

Santana-Bermudez

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12
Q

Which case decided that recklessness will be sufficient for MR of assault and battery

A

Venna

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13
Q

Is ABH common law or statute

A

Common law

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14
Q

ABH-What was the legal principle from Miller

A

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

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15
Q

ABH-What was the legal principle in T vDPP

A

Can include loss of consciousness

16
Q

Under what circumstances can cutting hair be ABH

A

If it’s a substantial amount of hair

17
Q

Is physical pain necessary for ABH

18
Q

Which case decided that harm can be psychological if it was a recognised medical condition

19
Q

Does the harm have to be permanent for ABH

20
Q

What is the MR for ABH

A

Intention or recklessness for the assault or battery

21
Q

Why case(s) stated that it was not necessary to prove d intended or was reckless about ABH

A

Savage

Parmenter

22
Q

Which case was charged wrong due to the definition of a wound

A

Eisenhower

23
Q

Does the harm required for wounding have to be the same as GBH

A

No can be less

24
Which case decided that a wound requires both layers of skin to be broken
Moriarty v Brookes
25
Which case decided that bruising and internal bleeding are not wounds
Eisenhower
26
Which case stated a broken bone is not. Wound unless the skin is broken
Wood
27
Which case decided that GBH means really serious harm
Smith
28
What was the legal principle from Bollom
The severity if injuries should be assessed according to vs age and health
29
Which case decided seniors psychiatric problems could be GBH
Ireland v Burstow
30
What was the legal principle in Dica
Infecting someone with HIV is GBH
31
What is the level of forsight required for s20 GBH
D needs to foresee some harm | Not necessary to probe he foresaw serious harm or even the exact nature of the harm
32
s20- What was the legal principle in Lewis
Threats amounted to assault when b fell from window | This is s20 GBH
33
What was the legal principle in mowatt
To commit s20 d is required to foreseen risk if some physical harm Not required to intend or be reckless about causing GBH or wounding
34
Which case decided that intention to prevent lawful arrest is needed and recklessness as to causing injury
Morrison
35
What must the prosecution prove to comvict someone of GBH
Intention to commit GBH, or resist arrest Or that d foresaw this as a virtual certainty of their actions (Nedrick) If this is shown the jury can infer intention (Woolin)
36
Which case decided there was no difference in cause and inflict for s20 and s18
Burstow