NON-FATAL OFFENCES - SOURCE, DEFINTION, CASES (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
13
Q
S47 (ABH) - source
A
- statue
- S47 of the OAPA 1861
14
Q
S47 (ABH) - definition
A
- assault occasioning actual bodily harm
- no intended to cause
15
Q
S47 (ABH) - AR
A
- aggravated assault/battery
- to be liable, D must have the AR for the assault/battery, which caused the AR for ABH
- ABH is any hurt r injury that intefers with the health or comfort of the victim, (it is not serious)
- ABH can be psycatric injury (more than mere emotion)(chan fook)
- being knocked out for short period (DPP v T)
- cutting hair with no consent (smith)
16
Q
S47 (ABH) - MR
A
- D only needs the MR for the initial assault/battery
- no extra MR for the S47
- the Def does not have to intend to be reckless about causing minor injury/harm
17
Q
S47 - max sentence
A
- 5 years
- triable either way offence
18
Q
S47 in scenarios
A
- injuries lasting more than moments
- being knocked out for more than moments
- grazes, minor sprains and broken bones
- minor psychiatric injuries (short-term depression, anxiety, PTSD - more than emotions)
19
Q
S20 - source
A
- statue
- S20 of the OAPA 1861
20
Q
S20 - defition
A
- malicious wounding or inflicting GBH
- some harm
21
Q
S20 and S18 - AR
A
- AR can be a wound or inflicting GBH
- wound breaks continuity on the skin (Eisenhower) - inner and outer layers of the skin
- includes breaks of bigger bones, serious twits, heavy blood loss, unconscious for long period, knowling transmitting STI’s, serious psycological injury
22
Q
S20 - MR
A
- MR is intention
- direct intention (mohan - aim/purpose/desire) to cause SOME harm to the victim)
OR - recklessness (subjective recklessness - Cunningham test) to cause SOME harm to the victim
23
Q
S20 - max sentence
A
- triable either way
- mags court or crown court
- max sentence 5 years
- custodial sentences
24
Q
S20 and S18 in scenarios
A
- broken bones (arms, legs, collar bone)
- serious twists, cuts, scarring
- knocked out for long periods
- more serious longer lasting psychiatrc injuries
25
S18 - source
- statutory
- S18 OAPA 1861
26
S18 - definition
- intentionally causing a wound or inflicting GBH
- serious injury
27
S18 - MR
- MR is only intention
- must be direct intention (Mohan) or Oblique intention (serious injury was a virtually certain consequence)
28
Cases for AR of assault
- DPP v Logdon (1976)
- Smith v Chief constable of Woking (1983)
- R v Ireland
- R v Constanza
- Turbeville v savage
29
DPP v Logdon (1976) (assault)
- D pointed fae gun at V + V was terrified
- V can still apprehend immediate unlawful force, even if it was possible for that force to be carried out, as long as V thinks its possible
30
Smith v Chief constable of Woking (assault)
- a peeping Tom claimed V could not have been frightened of personal violence as e was outside her house not in
- immediate means straight away or in the near future
- V didnt know what was going to happen
31
R v Ireland
- spoken words and silence can amount to assault
32
R v Constanza (assault)
- written words can amount to assault
33
Tuberville v Savage (assault)
- put had on sword and threatened
- words can beagle to an assault
34
R v Mohan
- direct intention
- aim/purpose/desire to apprehend immediate unlawful force
35
R v Cunningham
- recklessness
- D foresees the risk of causing the victim to apprehend immediate unlawful force but carries on regardless
36
Cases for AR of battery
- R v Thomas
- Wilson v Pringl
- Fagan v MPC
- DPP v K
37
R v Thomas (battery)
- the slightest touch, even clothing, can amount to battery
38
Wilson v Pringle (battery)
- force has to be hostile
- hustle and bustle of everyday life doesn’t amount to battery
39
Fagan v MPC (battery)
- ran over police foot
- force can be applied through a continuing act
40
DPP v K (battery)
- boy put acid n hand dryer that caused injury to next user of hand dryer
- force can be applied indirectly e.g. through another object
41
R v Chan Fook (1994) (S47)
- psychiatric harm can amount to ABH
- however can not be mere emotions
42
R v Miller (S47)
- ABH is any hurt/injury effecting health/conform of the victim
43
R v Smith (S47)
- cutting off a persons hair can amount to ABH
44
T v DPP
- even a short loss of consciousness can amount to ABH
45
Cases for S18 + S20
- R v Eisenhower
- R v Robert’s
- R v smith
- R v Burtstow
- R v Dica
46
R v Roberts (S18+S20)
- V jumped out of moving car to escape D’s unlawful sexual advances
- MR sufficient for offence (no additional for ABH)
47
C v Eisenhower (S18+S20)
- pellets from D’s air gun ruptured internal blood vessels, but no breaking of the skin
- there needs to be a break in the continuity of the skin
48
R v Dica (S18+S20)
- serious biological harm can amount to GBH
49
R v Burstow (S18+S20)
- D engaged in harassment against V, as a result, she suffered a severe depressive illness
- GBH can be serious psychiatric harm
50
Case of Brown and Stratton (S20+S18)
- an accumulation of minor injuries can amount to GBH
51
R v Bollom (s18+s20)
- the injuries to a 17-month-old consisted of various bruises and abrasions
- age and frailty are factors that can be considered when deciding whether injuries are enough to be GBH
52
R v Parmenter (1991)
- have to have the MR for GBH, D did not intend to cause any ham nor was he reckless as he didnt foresee harm to baby dur to doing it to slightly older kids
- therefore D not guilty
53
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