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AQA A-level Law > Non-fatal Offences P1 > Flashcards

Non-fatal Offences P1 Flashcards

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1
Q

What kind of offence is assault

A

Summary offence

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2
Q

What section of law is assault charged under

A

S39 Criminal Justice Act 1988

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3
Q

What is the Actus Reus of assault

A

The D must cause the V to apprehend immediate, unlawful, personal violence

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4
Q

How can assault occur

A

Through words, gestures or silence

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5
Q

Who do we focus on for assault

A

The v

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6
Q

Which case contradicted his words so he wasn’t guilty of an assault

A

Tuberville V Savage (1669)

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7
Q

Which case shows assault did not occur as the V did not apprehend immediate, unlawful, personal violence

A

R V Lamb (1967)

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8
Q

Which case shows apprehension and unlawful violence

A

Logdon V DPP (1976)

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9
Q

Which case shows that silence can amount to an assault as the V was fearful

A

R V Irland (1996)

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10
Q

Which case shows apprehension of immediate unlawful violence still occurs if D is outside and V is inside

A

Smith V Superintendent of Woking police (1983)

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11
Q

Which case shows the focus is on what the V believed and that they thought something nasty could happen at any time

A

R V Ramos (2000)

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12
Q

What is the mens Rea for assault

A

Intention or recklessness

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13
Q

Which case shows assault need the men’s Rea of intention or recklessness

A

R V Venna (1975)

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14
Q

Which section of law is battery under

A

S39 of Criminal Justice Act 1988

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15
Q

What is it called when an assault and a battery happen at the same time

A

Common assault

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16
Q

What is the full AR for battery

A

Application of unlawful force upon the victim
The least touching of another person in anger

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17
Q

Which case is used to highlight application of force and defined the least touching of another person in anger for battery

A

Cole V Turner (1705)

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18
Q

What are the two ways battery can be committed

A

Directly and indirectly

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19
Q

Which case highlighted that touching a persons clothes while they are wearing them is equivalent to touching them

A

R V Thomas (1985)

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20
Q

Which case shows application of force using a weapon

A

Fagan V MPC (1969)

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21
Q

Which case showed indirect application of force through a machine

A

DPP V K(a minor) (1990)

22
Q

Which case showed direct application of force can include via another person

A

R V Haystead (2000)

23
Q

What is the MR for battery

A

Intention or recklessness

24
Q

Which case highlights the MR for battery

A

Venna (1975)

25
Q

What is ABH defined by

A

Statute

26
Q

Which section of law is ABH defined by

A

S47 Offence Against the Person Act 1961

27
Q

What is the full AR for ABH

A

Requires an assault or battery which occasions ABH
Any hurt or injury calculated to interfere with the health or comfort of the victim
Not limited to skin, unpleasant substances in hair can amount to ABH and temporary loss of consciousness

28
Q

Injuries for ABH include

A

Bruises
Scratches
Minor broken bones
Psychological shock

29
Q

Which case highlights that mere emotions such as fear do not amount to ABH unless symptoms of wider psychological condition

A

R V Chan-Fook (1994)

30
Q

Which case highlights temporary loss of consciousness can amount to ABH

A

T V DPP

31
Q

Which case shows cutting of hair without permission amount to ABH

A

DPP V Smith (2006)

32
Q

What is the MR of ABH

A

Intention or recklessness for the initial assault or battery

33
Q

Which case showed that the D only needed intention or recklessness for the unlawful force (battery)

A

R V Savage (1991)

34
Q

Which cases showed there was no need to establish intention or recklessness for the level of harm S20

A

R V Robberts (1971)

35
Q

Which piece of law is inflicting GBH or malicious wounding under

A

S20 Offence Against the Person Act 1861

36
Q

What is the AR for GBH

A

Classed as really serious harm

37
Q

Which case defined GBH as really serious harm stating all injuries involved

A

DPP V Smith (1961)

38
Q

What injuries are classed under S20 GBH

A

Fractured bones
Disablement
Rupturing of vital organs

39
Q

Which case showed that indirect application of force was sufficient for convictions under S20

A

R V Martin (1881)

40
Q

Which case showed that psychiatrist harm would amount to GBH

A

R V Burstow (1997)

41
Q

Which case showed several minor injuries can amount to GBH

A

R V Brown and Stratton (1998)

42
Q

Which cases stated that if the V knowingly suffers from HIV or a sexual disease, recklessly transmits it through consensual intercourse inflicting GBH on a person of whom the risk is concealed and who is not consenting to it will be liable under S20

A

R V Dica (2004)

43
Q

What is S20 wounding defined as

A

A break in the continuity of skin
Both layers of skin must be broken creating an open wound

44
Q

Which case stated that S20 requires a break in the continuity of skin not merely a scratch on the surface

A

JCC V Eisenhower (1983)

45
Q

What is the MR for S20 GBH and wounding

A

The D needs to intent or be reckless to cause the V some harm, needs to foresee that some harm would result. Does not need to foresee serious harm

46
Q

Which case highlights the MR for S20 GBH and wounding

A

R V Savage (1991)

47
Q

Which case showed that the V did not intent but was reckless to cause some harm to the V and foresaw the harm

A

R V Parmenter (1991)

48
Q

What is S18 Offence Against the Person Act 1861

A

GBH and wounding with intent

49
Q

What is the AR for S18 GBH and wounding with intent

A

Same as S20
Really serious harm

50
Q

What is the MR for S18 GBH and wounding

A

Intention, recklessness is not sufficient

51
Q

Which case stated that it is essential to prove the specific intent for S18

A

R V Belfon (1976)

AQA A-level Law (38 decks)

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