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Law > Non fatal offences (PINK BOOKLET) > Flashcards

Non fatal offences (PINK BOOKLET) Flashcards

1
Q

Where is assault defined?

A

In common law

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2
Q

What is the actus reus of assault?

A

Causing V to apprehend immediate unlawful case

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3
Q

What legal principal came from the case of DPP v Logdon?

A

Apprehend => ‘to anticipate or expect’

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4
Q

What legal principle came from the case of Smith v Chief Constable of Woking?

A

Immediate => ‘in the near future’

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5
Q

What legal principle came from the case of Read v Coker?

A

That gestures/actions can amount to an assault

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6
Q

What legal principle came from R v Ireland?

A

That words said (or not said (silence)) can amount to an assault

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7
Q

What legal principle came from R v Constanza?

A

Written words can amount to an assauly

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8
Q

What legal principle came from the case of Tuberville v Savage?

A

That words can negate an assault

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9
Q

What is the mens rea of assault?

A

Direct intention or recklessness as to causing V to apprehend immediate unlawful force

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10
Q

What is the case that outlines direct intention?

A

R v Mohan

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11
Q

What is the case that outlines recklessness?

A

R v Cunningham

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12
Q

Where is battery defined?

A

Common law

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13
Q

What is the actus reus of battery?

A

Applying force on/to another person

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14
Q

What legal principle came from the case of R v Thomas?

A

That even the lightest touch (touching a persons clothes) can result in a batter

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15
Q

What legal principle came from the case of Wilson v Pringle?

A

That contact must be hostile/unwanted in order to be a battery

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16
Q

What legal principle came from the case of Fagan v MPC?

A

Force can be applied via a continuing act (battery)

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17
Q

What legal principle came from the case of DPP v K?

A

Force can be applied indirectly (e.g. by an object) (battery)

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18
Q

What legal principle came from the case of DPP v Santana-Bermudez?

A

That force can be applied via an omission where D has a duty to act (battery)

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19
Q

What is the mens rea of battery?

A

Intention/recklessness as to apply unlawful force on/to another person

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20
Q

Where is assault occasioning ABH defined?

A

S47 of the offences against the person act 1861

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21
Q

What is the actus reus of ABH?

A

Assault or battery which causes actual bodily harm

22
Q

What legal principle came from the case of R v Chan-Fook?

A

An injury cannot be so trivial as to be wholly insignificant

Harm can be psychiatric

23
Q

What legal principle came from the case of DPP v Smith (ABH)?

A

Cutting someones hair without their consent can be an ABH

24
Q

What legal principle came from the case of T v DPP?

A

A short loss of consciousness can amount to an ABH

25
Q

For battery, what cases are needed to prove causation?

A

R v Pagett - Factual

R v Smith - Legal

26
Q

What is the mens rea for ABH?

A

The same as the mens rea for assault or battery

27
Q

What legal principle came from R v Savage?

A

That no extra mens rea was needed for the ABH - only for the assault/battery

28
Q

Where is wounding defined?

A

S18 and S20 of offences against the person act 1861

29
Q

What is the actus reus of wounding?

A

To unlawfully wound another person

30
Q

What case outlines what a ‘wound’ is?

A

JCC v Eisenhower

31
Q

What is the legal principle that came from JCC v Eisenhower?

A

That 2 layers of skin must be broken in order for a person to be ‘wounded’

32
Q

After the actus reus is proved, what else must be proved in the case of wounding?

33
Q

What are the 2 cases that need to be referenced for causation?

A

R v Pagett

R v Smith

34
Q

What is the mens rea of S20 wounding (malicious)?

A

Intention/recklessness as to cause SOME harm

35
Q

What case must be referenced in the case of S20 mens rea?

A

R v Mowatt

36
Q

What is the mens rea of S18 wounding (with intent)?

A

Direct/oblique intention as to cause SERIOUS harm

37
Q

What case must be referenced in the case of S18 mens rea?

A

R v Belfon

38
Q

Where is GBH defined?

A

S18 or S20 of OAPA 1861

39
Q

What is the actus reus of GBH?

A

To inflict/cause grievous bodily harm to a person

40
Q

What legal principle came from the case of DPP v Smith (GBH)?

A

GBH must be ‘really serious harm’

41
Q

What legal principle came from the case of R v Burstow?

A

GBH can be psychiatric

42
Q

What legal principle came from the case of R v Dica?

A

GBH can be biological harm

43
Q

What legal principle came from the case of R v Brown and Stratton?

A

GBH can be an accumulation of smaller injuries

44
Q

What legal principle came from the case of R v Bollom?

A

That age and health are factors considered when deciding if something was a GBH

45
Q

What must be proved along with the actus reus of GBH?

A

Causation (factual and legal)

46
Q

What legal principle came from the case of R v Martin?

A

That GBH can be committed indirectly (e.g. via an object)

47
Q

What is the mens rea of S20 GBH (malicious)?

A

Recklessness/intention as to causing SOME harm

48
Q

What case must be referenced in the case of S20 GBH?

A

R v Mowatt

49
Q

What is the mens rea of S18 GBH (with intent)?

A

Direct/Oblique intention as to causing SERIOUS harm

50
Q

What case must be referenced in the case of S18 GBH?

A

R v Belfon

51
Q

What is the relevant case for indirect intention?

A

R v Woollin

Law (25 decks)

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