Non-Fatal Offenses Flashcards

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1
Q

Actus Reas of Assault

A

Causing the victim to fear immediate unlawful violence.

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2
Q

Mens Rea of Assault

A

Intention or recklessness as to causing the victim to fear immediate unlawful violence.

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3
Q

Actus Reas of Battery

A

The unlawful application of force.

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4
Q

Mens Rea of Battery

A

Intention or recklessness as to the unlawful application of force.

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5
Q

Actus Reas of S47 ABH

A

Committing an assault or battery.

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6
Q

Mens Rea of S47 ABH

A

Intention or recklessness as to an assault or battery.

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7
Q

Actus Reas of S20 GBH

A

Causing some harm.

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8
Q

Mens Rea of S20 GBH

A

Intention or recklessness as to causing some harm.

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9
Q

Actus Reas of S20 Wounding

A

Causing some harm.

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10
Q

Mens Rea of S20 Wounding

A

Intention or recklessness as to causing some harm.

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11
Q

Actus Reas of S18 GBH

A

Inflicting GBH.

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12
Q

Mens Rea of S18 GBH

A

Specific intention as to inflicting GBH.

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13
Q

Actus Reas of S18 Wounding

A

Inflicting a wound.

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14
Q

Mens Rea of S18 Wounding

A

Specific intention as to inflicting a wound.

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15
Q

Defenition of intention

A

Taking a decision to bring about a certain consequence (Mohan).

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16
Q

Defenition of recklessness

A

Foreseeing a risk but taking it anyway (Cunningham).

17
Q

Assault - Ireland

A

Words or silence can amount to assault.

18
Q

Assault - Constanza

A

Words do not have to be verbal.

19
Q

Assault - Logdon

A

It does not matter if a threat cannot be carried out, so long as there is fear of immediate unlawful violence.

20
Q

Assault - Lamb

A

If there is no fear of immediate unlawful violence, there cannot be an assualt.

21
Q

Battery - DPP v K

A

The force can be applied indirectly.

22
Q

Battery - Thomas

A

The slightest of touch is sufficient.

23
Q

Definition of ABH

A

“Something not so trivial as to be wholly insignificant” (Chan Fook)

24
Q

ABH - Chan Fook

A

Psychiatric injury can amount to ABH.

25
Q

Definition of GBH

A

“Serious harm” (Smith).

26
Q

GBH - Saunders

A

Does not have to be life threatening.

27
Q

GBH - Burstow

A

Serious psychiatric harm can amount to GBH.

28
Q

GBH - Bollom

A

Bruising can amount to GBH if the victim is a child or an elder.

29
Q

Wounding - JCC v Eisenhower

A

A wound means a break in both layers of skin.