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Criminal Law > Non-Fatal Offences Against The Person > Flashcards

Non-Fatal Offences Against The Person Flashcards

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1
Q

Statutory authority: Malicious Wounding or Inflicting GBH

A

Offences Against the Person Act 1861 s.20

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2
Q

Statutory authority: Causing GBH with Intent

A

Offences Against the Person Act 1861 s. 18

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3
Q

Statutory authority: Administering a noxious substance so as to injure, aggrieve or annoy

A

Offences Against the Person Act 1861 s. 24

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4
Q

Statutory authority: Administering a noxious substance so as to kill or cause GBH

A

Offences Against the Person Act 1861 s.23

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5
Q

Define: Assault

A

“Any act which, intentionally or recklessly, causes another person to apprehend immediate and unlawful personal violence” (Fagan v Metropolitan Police Commissioner)

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6
Q

Case authority: Assault is a common law offence

A

DPP v Little

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7
Q

Case authority: There can be no assault if the victim does not perceive the threat

A

R v Lamb

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8
Q

Case authority: Re. Assault - It is irrelevant whether the defendant is actually able to carry out the threat

A

Logdon v DPP

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9
Q

Case authority: Spoken words may negate an assault

A

Tuberville v Savage

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10
Q

Case authority: Re. Assault - “any act” may include words alone

A

R v Wilson

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11
Q

Case authority: Re. Assault - “any act” may include silence

A

R v Ireland

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12
Q

Case authority: Re. Assault - “Immediate” = closer than “any future time”

A

Tuberville v Savage

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13
Q

Case authority: Re. Assault - “Immediate” can include fear of “imminent” violence

A

R v Ireland

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14
Q

Case authority: Re. Assault - “Immediate” may include violence at some time not excluding the immediate future

A

R v Constanza

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15
Q

Case authority: Re. Assault - “Immediate” - Courts will take into account that victim might be in terror and therefore unable to think clearly.

A

Smith v Superintendent Woking Police

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16
Q

Case authority: Re. Assault - “Personal violence” must be physical violence to the victim

A

R v Ireland

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17
Q

AR elements: Assault

A
  1. “Any act”
  2. “Which causes another person to apprehend”
  3. “Immediate”
  4. “Personal violence”
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18
Q

MR elements: Assault

A
  1. Intention or Recklessness (Venna)

2. Cunningham Recklessness applies (R v Parmenter)

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19
Q

Case authority: MR for assault is “Intention or recklessness”

A

Venna

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20
Q

Case authority: Cunningham recklessness may be MR for assault

A

R v Parmenter

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21
Q

Define: Battery

A

“The actual use of unlawful force to another person without his consent” (Fagan v DPP)

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22
Q

AR: Battery

A
  1. Force

2. Act must be capable of being unlawful

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23
Q

Case authority: Re. AR for Battery - Force can include any touch, however slight.

A

Collins v Wilcock

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24
Q

Case authority: Re. AR for Battery - Force may be applied through clothes.

A

Thomas

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25
Q

Case authority: Re. AR for Battery - No hostility is required

A

Faulkner v Talbot

26
Q

Statutory authority: Assault Occasioning Actual Bodily Harm

A

Offences Against the Person Act 1861 s. 47

27
Q

Case authority: Re AR for Battery - Force may be applied indirectly, e.g. Through a missile or a trap

A

DPP v K

28
Q

Case authority: Re AR for Battery - Deliberate failure to remove a force that was initially applied without the MR is a continuing act

A

Fagan v MPC

29
Q

AR: Assault Occasioning ABH (s. 47 OAPA)

A
  1. Assault or Battery
  2. “Occasioning” = causing
  3. “Actual bodily harm” - Injury that’s not so trivial as to be insignificant.
30
Q

MR: Assault Occasioning ABH

A
  1. MR of intention or recklessness needed for the assault or battery.
  2. No MR necessary re specific harm caused (R v Savage)
31
Q

Case authority: Re. MR Assault Occasioning ABH - No MR is required for the specific harm caused

A

R v Savage

32
Q

Case authority: Re. AR for Assault Occasioning ABH - “Assault” is interpreted as meaning ‘assault or battery’

A

DPP v Little

33
Q

Case authority: ‘But for’ test for factual causation

A

R v White

34
Q

Case authority: “Operating and substantial cause” test for legal causation

A

R v Pagett

35
Q

Case authority: Operating and significant cause means ‘more than trifling’

A

R v Cato

36
Q

Define: Actual Bodily Harm

A

“Any hurt or injury calculated to interfere with the health and comfort of the victim” (R v Miller)

37
Q

Case authority: ABH may include psychiatric injury

A

R v Chan Fook

38
Q

Case authority: Re. Assault Occasioning ABH - Momentary loss of consciousness = ABH

A

T v DPP

39
Q

Case authority: Cutting hair constitutes ABH

A

DPP v Smith

40
Q

AR: Malicious Wounding or Inflicting Grievous Bodily Harm

A
  1. “Wound”

2. “Infliction of GBH”

41
Q

Define: Malicious Wounding or Inflicting GBH

A

“Whosoever shall unlawfully and maliciously wound or inflict GBH with or without a weapon shall be guilty of an offence” (OAPA 1861, s.20)

42
Q

Case authority: Re. AR for Malicious wounding or inflicting GBH - Wound must break both layers of skin

A

C (a minor) v Eisenhower

43
Q

Case authority: Re. Malicious wounding or inflicting GBH - May have GBH inflicted without the need for an assault

A

R v Burstow

44
Q

Define: GBH

A

“Serious harm” (R v Saunders)

45
Q

Case authority: Psychological harm may be GBH when serious enough.

A

R v Ireland

46
Q

Case authority: Must consider effect on victim when deciding seriousness

A

R v Bollom

47
Q

Define: “Maliciously” Re. MR for Malicious Wounding or Inflicting GBH

A

Intention or Cunningham recklessness

48
Q

Case authority: Re. MR Malicious Wounding or Inflicting GBH - It is not necessary to cause the specific serious harm that resulted

A

R v Grimshaw

49
Q

Case authority: Re. MR Malicious Wounding or Inflicting GBH - There must be intention to commit an offence

A

Savage v Parmenter

50
Q

AR: Wounding or Causing GBH with intent

A
  1. Wounding
  2. Causing
  3. GBH
51
Q

Define: Wounding or Causing GBH with intent

A

“Whoever unlawfully and maliciously in any way wounds or causes GBH to another with intent to do GBH to any person shall be guilty of an offence” (OAPA 1861 s.18)

52
Q

MR: Wounding or Causing GBH with intent

A

Intention to cause GBH

53
Q

AR: Maliciously Administering Poison so as to Endanger Life or Inflict GBH (OAPA s.23)

A
  1. Administer

2. ‘Poison’ or ‘destructive’ or ‘noxious’ substance

54
Q

Case authority: Re. AR for OAPA s.23 - “Administer” includes ‘cause to be administered’ or ‘cause to be taken’

A

R v Kennedy

55
Q

Define: Re. AR for OAPA s.23 -‘Poison’ or ‘destructive’ or ‘noxious’ substance

A

Something that is “hurtful, unwholesome or objectionable” (R v Marcus)

56
Q

Case authority: “Poison” includes substances that are only poisonous in excessive doses e.g. overdosing on painkillers

A

R v Marcus

57
Q

Define: “Noxious”

A

“Something liable to injure in common use” (R v Cato)

58
Q

MR: S.23 OAPA 1861

A
  1. “Maliciously” - Intentionally or recklessly (Cunningham)

2. MR only required for act of administering not the result.

59
Q

AR: OAPA 1861 s.24

A
  1. “Administer”

2. “Poison” or “destructive” or “noxious” substance

60
Q

MR: OAPA 1861 s.24

A
  1. “Maliciously” - Intentionally or recklessly (Cunningham)

2. Intent to injure, aggrieve, or annoy

61
Q

Case authority: “Intention to injure, aggrieve or annoy” may refer to the act of administering the poison, or to another subsequent offence

A

R v Hill

Criminal Law (1 decks)

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