NON-FATAL OFFENCES (PAPER 1) Flashcards
1
Q
assault - source
A
common law
2
Q
assault - definition
A
- D intentionally or recklessly causes the victim to apprehend the application of immediate unlawful force
3
Q
assault - AR
A
- causing the victim to apprehend (expect/anticipate) that unlawful force will be applied soon (smith v woking -staring through window)
- AR can be done by words, silence, gestures
- doesn’t matter if D was joking, only matters if there was apprehension
- words can also count as assault
4
Q
assault - MR
A
- D intends to/is reckless about causing the victim to apprehend immediate unlawful force
- intention = direct intention (Mohan) its D’s aim/purpose/desire
- recklessness = decided using Cunningham test - D knew that there was a risk that what they were doing may cause the V to apprehend threat and did it anyway
5
Q
assault - max sentence
A
- 6 months
- summary offence
- trial in magistrates court
6
Q
assault in scenarios
A
- shouting at people
- threatening people
- silent phone calls
- waving a fist/fake gun
- staring
- words saying “if it wasn’t”
7
Q
battery - source
A
- common law
8
Q
battery - definition
A
- D intentionally/recklessly applies unlawful force on the victim
9
Q
battery - AR
A
- applying unlawful force on a victim
- can be low level (touching, tickling)
- no injury lasting more than moments
- can be directly/indirectly through objects
- more than the hustle and bustle of everyday life
10
Q
battery - MR
A
- def intends/ is reckless about causing to apprehend immediate unlawful force
- Mohan) its D’s aim/purpose/desire
- recklessness = decided using Cunningham test - D knew that there was a risk that what they were doing may cause the V to apprehend threat and did it anyway
11
Q
battery - max sentence
A
- 6 months
- summary offence
- trial in megs court
12
Q
battery in scenarios
A
- punch
- kick
- nudge
- shove
