Non Fatal Offences Against The Person Flashcards
What case stated that silent phone calls could be assault
Ireland 1997
What case stated that words alone may amount to assault
Consanza 1997
What was the legal principle from smith 1983
If v believes they may be subject to immediate violence the fear need not be completely rational
To commit an assault recklessly what must the defendant do
Foresee the risk that v would apprehend immediate unlawful violence and still go on to take the risk
What case stated that if a defendant commits the AR for assault or battery while drunk it will be considered reckless
Majewski 1976
What was the case of Logden about (assault)
Showing v a fake gun and saying it was loaded. V was frightened
B- What was the legal principle from Collins v Wilcock
It need not be a serious attack
Do you bad to suffer an injury for it to be a battery
No
B- What case said the force can be indirect
DPP v K
B- Which was the case that decided that a coat is an extension of the body if v is wearing it
R v Thomas
Can you have battery without an assault
Yes
Which case stated you can commit a battery through an omission
Santana-Bermudez
Which case decided that recklessness will be sufficient for MR of assault and battery
Venna
Is ABH common law or statute
Common law
ABH-What was the legal principle from Miller
Any hurt or injury calculated to interfere with the health or comfort of the victim
ABH-What was the legal principle in T vDPP
Can include loss of consciousness
Under what circumstances can cutting hair be ABH
If it’s a substantial amount of hair
Is physical pain necessary for ABH
No
Which case decided that harm can be psychological if it was a recognised medical condition
Chan Fook
Does the harm have to be permanent for ABH
No
What is the MR for ABH
Intention or recklessness for the assault or battery
Why case(s) stated that it was not necessary to prove d intended or was reckless about ABH
Savage
Parmenter
Which case was charged wrong due to the definition of a wound
Eisenhower
Does the harm required for wounding have to be the same as GBH
No can be less