Non-fatal offences and Elements of a Crime Flashcards
AR of assault
- An act (not an omission)
- Causes the victim to apprehend violence
- Fear of violence is immediate/imminent
R v Ireland states what about the offence of assault?
An assault must be a positive action
R v Lamb stateds what about the offence of assault?
The victim must apprehend violence (assault)
Tuberville v Savage states what about the offence of assault?
Words can negate the threat (assault)
Smith v Chief Super Intendent of Woking Police Station states what about the offence of assault?
Fear of violence must be immediate/imminent
MR of assault
Direct intention or subjective recklessness to cause the victim to fear unlawful and immediate violence
Sentence for assault
Six months
AR of battery
Inflicting unlawful physical force
R v Fagan states what about the offence of battery?
Inflicting unlawful physical force (battery)
R v Day states what about the offence of battery?
Touching clothes can amount to unlawful physical force (battery)
Collins v Willcock states what about the offence of battery?
Overly sensitive
DPP v K states what about the offence of battery?
Force can be indirect (battery)
MR of battery
Direct intention or subjective recklessness to inflict unlawful physical force
AR of s.47 ABH
An assault or battery causing actual bodily harm (ABH)
R v Miller (s.47) defines what?
ABH is ‘any hurt or injury calculated to interfere with the health & comfort’ of V
Chan Fook (s.47) defines what?
ABH “does not have to be permanent but must be more than trivial”
DPP v Smith states what about the offence of s.47?
Cutting hair can amount to ABH
MR of s.47 ABH
Direct intention or subjective recklessness to commit an assault or battery
AR of s.18/s.20
Causing GBH or wounding
Wounding definition
Breaking two layers of skin (Eisenhower)
GBH definition
Really serious harm (DPP v Smith)
R v Dica states what about the offence of s.18/20?
Infecting a person with HIV amounts to GBH
MR of s.20
Direct intention OR subjective recklessness to cause SOME harm.
MR of s.18
Direct or oblique intention to cause GBH or wounding
Sentence for s.20
Maximum 5 year in prison
Sentence for s.18
Up to life in prison
Mohan applies to what MR?
Direct intention
Cunningham applies to what MR?
Subjective recklessness
Define Direct intention
Main aim or purpose
Define Subjective recklessness
D knew the risk and took it anyway
Define Oblique intention
99% virtual certainty the consequence would occur
Woollen applies to what MR?
Oblique intention
Latimer applies to what concept of MR?
Transferred malice
Define Transferred malice
When Ds MR transfers from their intended victim to their actual victim
Explain the Transferred malice exception
Malice can only transfer when D commits the same or similar crime as they originally intended
Explain Causation in Fact
“But for” test
Explain Causation in Law
Significant cause
Pagett applies to what type of causation?
Causation in fact
Jordan applies to what type of causation?
Causation in law
What are the three breaks in the chain of causation?
- Victim’s own actions (if not reasonably foreseeable)
- Act of a third party (if not reasonably foreseeable)
- Medical treatment
R v Smith appies to what break in the chain of causation?
Medical treatment can break the chain of causation
Explain when Medical treatment can break the chain of causation
The general rule is that medical treatment is unlikely to break the chain of causation unless it is so independent of the defendant’s acts and ‘in itself so potent in death’ that the defendant’s acts are insignificant,
Five duties to act (omissions)
Contractual
Relationship
Taken on voluntarily
Creation of a danger
Official position
Pitwood applies to what ommission?
Contractual duty
Stone and Dobinson applies to what ommission?
Duty taken on voluntarily
Gibbins and Proctor applies to what ommission?
Duty through a relaitonship
R v Miller applies to what ommission?
Creation of a danger
Dytham applies to what ommission?
Duty through official position
