Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

legal system and criminal law > Non fatal offences against the person > Flashcards

Non fatal offences against the person Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Which act governs assault and battery?

A

s39 Criminal Justice Act 1988

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the actus reus for assault?

A

D causes V to apprehend immediate unlawful personal violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

R v Ireland shows

A

silence is enough for assault - silent phone calls

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

R v Constanza shows

A

silence is enough for assault - 800 letters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Smith v Superintendent of Woking Police defines

A

immediate - “some time in the near future”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Tuberville v Savage shows

A

Words can negate an assault. - hand on sword

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

R v lamb shows

A

V must apprehend violence for assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the mens rea of assault?

A

D has intention or is subjectively reckless that his/ her conduct will cause v to apprehend violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the actus reus for battery?

A

D inflicts unlawful personal violence on V, direct or indirectly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

DPP v K shows

A

Indirect battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

R v Thomas shows

A

Touching clothing is enough for battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Collins v Willcock shows

A

mere touching is enough for battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the mens rea for battery?

A

D has intention or is subjectively reckless in inflicting violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What governs assault occasioning actual bodily harm?

A

s47 Offences against the persons Act 1861

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the actus reus for assaut occasioning actual bodily harm?

A

D has actus reus of assault or battery plus some additional minor harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the case of Miller define?

A

Abh is any hurt or injury calculated to interfere with the health or comfort of V.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does the case of Chan Fook show?

A

Abh includes minor psychological harm.

18
Q

DPP v Smith shows?

A

Cutting hair is enough for abh.

19
Q

T v DPP shows

A

Unconsciousness is enough. for abh

20
Q

What is the mens rea for assault occasioning actual bodily harm?

A

D has the mens rea of assault or battery only no mens rea needed for abh.

21
Q

What act governs malicious wounding or causing grievous bodily harm?

A

s20 Offences against the person act 1861

22
Q

What is the actus reus for s20?

A

D either maliciously wounds or inflicts gbh on V with or without a weapon.

23
Q

What does the case of Eisenhover define?

A

A wound as “breaking all layers of the skin”.

24
Q

What does R v Burstow show?

A

Gbh can include serious psychological harm.

25
Q

What does DPP v Smith define gbh as?

A

No more and no less than really serious harm.

26
Q

Which case shows spreading a disease is gbh?

A

R v dica

27
Q

What is the mens rea for s20?

A

D has intention or is subjectively reckless in causing V some harm.

28
Q

Which act governs malicious wounding or causing grievous bodily harm with intent?

A

s18 offences against the person act 1861

29
Q

What is the actus reus for s18?

A

same as s20

30
Q

What is the mens rea for s18?

A

D has intention to case serious harm to v.

31
Q

Intent to cause harm is shown in which case?

A

Belfon

32
Q

In which case did the D not foresee the risk of any harm to his young baby?

A

Parmenter

33
Q

Which case shows that a series of minor injuries can amount to gbh?

A

R v Brown and Stratton

34
Q

What is the outcome if D pleads the defence of consent?

A

D is acquitted.

35
Q

What is the definition of defence?

A

V agreed to the risk of injury.

36
Q

What is the general rule for consent?

A

Can not consent to abh or gbh

37
Q

Case which shows consent was not genuine?

A

Burrell v Harmer - tattooing 2 boys aged 12 and 13.

38
Q

Consent to tattooing and branding?

A

R v Wilson - D may consent to both abh and gbh in connection with tattooing and branding.

39
Q

Consent to physical sports?

A
  • can be a defence providing the harm is “ordinarily incidental” to the game.
  • not a defence in “off the ball” cases - R v Bullinghurst D punched other player in unprovoked attack.
40
Q

Consent in rough and undisciplined play?

A

R v jones

41
Q

Adults can consent to both abh and gbh in rough play?

A

R v Aitken

42
Q

Sado masochism

A

Not a “good reason” - R v Brown and others.

legal system and criminal law (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions