Non Fatal Offences Cases Flashcards

1
Q

Defendant A went to defendant B’s workshop over a business dispute and was threatened by a group of men. Defendant B walked towards him and rolled up his sleeves.

A

Read V Coker
Used as precedent for gestures being assault

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2
Q

Defendant would call women and breathe heavily down the phone and say nothing. As he made these women feel danger he was guilty of assaulting them.

A

R V Ireland
Used for silence being assault

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3
Q

Defendant wrote over 800 letters to a woman, as well as writing on her door and driving past her house

A

R V Constanza
Used for written words being assault

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4
Q

Defendant A and B were having a dispute in the 1600s. Defendant A said to defendant B that if the judge was not here he would kill him. The judge said this was not assault because the condition was not met so there was no imminent threat

A

R V Tuberville v Savage
Used to show assault does not count when using ‘if’ and naming a condition which is not met

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5
Q

Established that immediate does not have to mean instant threat

A

Smith V Chief Constable of Woking
The threat can be for the near future

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6
Q

Defendant used a fake gun to intimidate his victim, the judge decided that even though the gun was fake so there was no imminent threat, the fear was real and therefore an assault

A

Logdon vs DPP
The victim just has to feel there will be violence in the near future no matter if what they are scared of is fake

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7
Q

Defendant was a caretaker at a school. He touched the skirt of a young girl at the school.

A

R V Thomas
Used to show even the slightest touch is a battery

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8
Q

Defendant grabbed a bag off of the victims shoulder and the victim filed for a battery. The judge ruled the actions were not hostile

A

Wilson v Pringle
The actions of the defendant have to be hostile; unwanted and aggressive

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9
Q

Friendly handshakes or slaps on the back or bumping into someone a bit on the street or contact sports are not battery

A

Collins v Wilcock
To be a battery the actions have to be above everyday/ordinary jostling

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10
Q

Defendant stole some acid from the science lab in his school. He hid this acid in a hand dryer in the toilets which was then used and sprayed acid onto the person who used it.

A

DPP v K
Used to show battery can be committed via an object

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11
Q

The case gave the definition of ABH, however the definition is general and not used often.

A

R V Miller
Describes ABH as “any substantial hurt or injury caused that impacts the health or comfort of the victim”

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12
Q

Defendant had a tenant living in his house and he noticed his wife’s wedding ring was missing. He got angry and assumed the tenant did it. He locked the tenant in their room. The tenant got scared and threw themselves out the window to escape. Prosecution used the fear of the tenant to push the case and lost

A

R V Chan-Fook
Must use recognised medical conditions not “mere emotions”

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13
Q

Defendant cut off girlfriends hair (her ponytail) when she was not looking

A

DPP v Smith
Cutting off a substantial amount of someone’s hair without their consent can amount to and ABH

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14
Q

Defendant was in a bar when she saw her ex husband with a new girlfriend. She was angry about this so decided to buy a beer and pour it over the new girlfriend. Instead she accidentally threw the glass at the girlfriend. Defendant argued as she only intended to throw the drink she does not have the mens rea for an ABH.

A

R V Savage
If you have the men’s rea for assault or battery then it can be transferred to an ABH

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15
Q

Defendant scared victim so he ran and tripped over temporarily losing consciousness

A

T V DPP
Ruled that temporary loss of consciousness is an ABH

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16
Q

Defendant shot victim with an air rifle. The pellet his the victim in the eye, causing the eye to become bloodshot. As there was no break in the skin, the judge ruled it was not wounding

A

JCC V Eisenhower
There has to be a break in the skin for it to be wounding

17
Q

Defendant was out with someone when they stole £5 from them. They tried to chase the thief but failed. Eventually they found the thief and pummelled them (punched them a lot)

A

R V Mowatt
Used for section 20, some harm

18
Q

Defendant was involved in a fight and attacked the victim with a razor

A

R V Belfon
Used for section 18, serious harm

19
Q

A police officer jumped on the bonnet of a car to try stop a thief driving away with stolen goods.

A

DPP V Smith
Used to give definition to grievous, meaning serious

20
Q

Defendant had a relationship with a woman that she ended. He repeatedly called her and sent her letters. She began to suffer serious depression because of this.

A

R V Burstow
Used to show that psychological damage can be GBHZ, but it must be serious

21
Q

Defendant had HIV. He had sex with people and did not tell them that he was positive. They caught HIV. He was guilty

A

R V Dica
Biological damage can be a GBH

22
Q

Defendants father was transitioning to a different gender. They attacked now her and caused multiple minor injuries.

A

R V Brown and Stratton
Used to show ots of minor injuries can amount to one major injury

23
Q

Defendant abused his partnered 17 month old baby. He argued the injuries were not severe enough to be GBH

A

R V Bollum
Used to show that age is a factor, be that very old or very young

24
Q

Defendant blocked the exit to a theatre and then shouted that there was a fire. In the rush to escape people got injured

A

R V Martin
Used to show you can be indirectly guilty of GBH

25
Q

Defendant was being pursued by police and tried to escape by jumping though a window to resist arrest. However the officer got hold of his shirt and was pulled through too, being cut by the glass.

A

R V Morrison
Used to show you can commit GBH through resisting arrest