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Law > Non-Fatal Offences Summary > Flashcards

Non-Fatal Offences Summary Flashcards

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1
Q

What is the AR for Assault?

A

To cause the victim to apprehend immediate and unlawful personal violence/force

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2
Q

What is the MR for Assault?

A

Recklessly or intentionally

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3
Q

Logdon Case

A

Fake gun
- Threat/Violence doesn’t have to be real

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4
Q

Lamb Case

A

Boys playing with a gun
- No assault if the victim doesn’t apprehend the violence

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5
Q

Costanza Case

A

Letters
- You can assault someone through words

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6
Q

Tuberville V Savage Case

A

Words can cancel out an assault

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7
Q

Smith V Woking Police Case

A

Threat doesn’t have to be totally immediate, just imminent

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8
Q

What is the AR of Battery?

A

Apply unlawful force

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9
Q

What is the MR of Battery?

A

Recklessly or intentionally

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10
Q

Collins v Wilcock Case

A

Implied consent for ‘everyday’ physical contact makes it lawful

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11
Q

Faulkner v Talbot Case

A

Can include the slightest unwanted touch

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12
Q

Thomas Case (Pulling on skirt)

A

Battery can happen through clothes

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13
Q

Fagan and DPP v K

A

Battery can be indirect

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14
Q

Haystead Case

A

Mum gets punched and drops the baby
- Transferred malice applies

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15
Q

Venna Case

A

Flailing limbs when arrested
- Reckless force towards no one in particular is enough to satisfy the MR

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16
Q

What is the AR of ABH?

A

Assault or battery occasioning actual bodily harm

17
Q

What is the MR of ABH?

A

Intentionally or recklessly causing assault or battery

18
Q

Miller Case

A

ABH can be defined as as any injury affecting the health and comfort of the victim

19
Q

Chan Fook Case

A

Includes psychiatric injury

20
Q

T V DPP Case

A

Temporary loss of consciousness

21
Q

Roberts Case (Jumps out of car)

A

Can be assault leading to an injury

22
Q

DPP V K (Acid) and DPP V Smith (Ponytail) Cases

A

Battery leading to the injury

23
Q

Savage Case

A

MR only need to intend or be reckless about the lesser crime (Not ABH)

24
Q

What is the AR for GBH S20

A

Inflict GBH or a wound

25
Q

What is the MR of GBH S20?

A

Intend some level of harm (less than GBH) or reckless about GBH

26
Q

Smith Case

A

GBH is ‘really serious harm’

27
Q

JCC V Eisenhower Case

A

A wound is a ‘break in the continuity of the skin’

Law (8 decks)

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