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non fatals Flashcards

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1
Q

Where are assault and battery defined?

A

In common law.

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2
Q

What is the actus reus of assault?

A

Causing the victim to apprehend immediate and unlawful force.

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3
Q

Which case say that gestures and actions can be an assault?

A

Read v Coker.

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4
Q

What does R v Ireland say?

A

Spoken words can be an assault.

Silence can be an assault.

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5
Q

Which case says that written words can be assault?

A

R v Constanza.

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6
Q

Which case says that a defendant’s words can negate an assault?

A

Tuberville v Savage.

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7
Q

Which case is used to determine if V apprehended the use of force and what did it say? (Always use this case for assault)

A

DPP v Logdon.

It is possible for V to apprehend force even if the use of force is not possible (e.g. a fake gun).

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8
Q

How did Smith v Chief Constable of Woking define immediate? (Always use this case for assault)

A

Straight away or in the near future.

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9
Q

What is the mens rea of assault?

A

Intention (R v Mohan) or recklessness (R v Cunningham) to cause V to apprehend immediate unlawful force.

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10
Q

What is the actus reus of battery?

A

Applying unlawful force onto another person.

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11
Q

What did R v Thomas say force can be? (Always use this case for battery)

A

Force can be the slightest touch.

Touching a person’s clothing is the same as touching a person.

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12
Q

What is meant by unlawful force? (Always use this case for battery)

A

Wilson v Pringle says unlawful means hostile or unwanted and goes beyond the ordinary jostlings of everyday life. (No implied consent e.g. knocking into someone in the supermarket or on public transport).

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13
Q

Which case said that force can be applied through a continuing act?

A

Fagan v MPC.

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14
Q

What did DPP v K say?

A

Force can be applied indirectly through an object.

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15
Q

Which case said that force can be applied through an omission where D has a duty to act but fails to do so?

A

DPP v Santana-Bermudez.

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16
Q

What is the mens rea of battery?

A

Intention (R v Mohan) or recklessness (R v Cunningham) to apply unlawful force onto another person.

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17
Q

Where is assault occasioning ABH defined?

A

Section 47 of the Offences Against the Person Act 1861.

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18
Q

What is the actus reus of assault occasioning ABH?

A

Either an assault or a battery which causes ABH to another person.

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19
Q

How does R v Miller define ABH?

A

Any hurt or injury that interferes with the health or comfort of the victim.

20
Q

How does R v Chan Fook define ABH? (Always use this case for ABH)

A

Harm can’t be so trivial as to be wholly insignificant.

Psychiatric harm can be ABH.

21
Q

Which case said that cutting off a person’s hair can amount to ABH?

A

DPP v Smith.

22
Q

Which case said that even a very short loss of consciousness can be ABH?

A

T v DPP.

23
Q

What else do you need to explain for the actus reus of ABH?

A

Causation- factual and legal.

24
Q

What is the mens rea of assault occasioning ABH?

A

Same as for assault or battery so intention or recklessness to cause V to apprehend immediate unlawful force or intention or recklessness to apply unlawful force.

25
Q

What did R v Savage say?

A

D does not need to intend or be reckless as to cause ABH, they just need the mens rea for assault or battery.

26
Q

Does wounding have to be an assault or a battery?

A

No.

27
Q

Where is wounding defined?

A

Under section 18 (more serious) and section 20 (less serious) of the Offences Against the Person Act 1861.

28
Q

What is the actus reus of wounding?

A

To unlawfully wound another person.

29
Q

Which case defined what a wound was and what was the definition?

A

JCC v Eisenhower- a wound is a cut or break in at least 2 layers of outer skin.

30
Q

What doesn’t count as a wound?

A

Internal bleeding.

31
Q

What else do you need to explain for the actus reus of wounding?

A

Causation- factual and legal.

32
Q

What is the mens rea of section 20 wounding?

A

R v Mowatt defines it as direct intention (R v Mohan) or recklessness (R v Cunningham) as to cause some harm.

33
Q

What is the mens rea of section 18 wounding?

A

R v Belfon says it is direct (R v Mohan) or oblique intention (R v Woollin) to cause really serious harm.

34
Q

Where is GBH defined?

A

Under sections 18 and 20 of the Offences Against the Person Act 1861.

35
Q

What is the actus reus of GBH?

A

To inflict/cause grievous bodily harm on a person.

36
Q

Which case is always used for GBH and how did it define GBH?

A

DPP v Smith and it defined GBH as serious harm. However it also said V’s injuries don’t need to be permanent or life threatening.

37
Q

Which case said that GBH can be serious psychiatric harm?

A

R v Burstow.

38
Q

What did R v Dica say?

A

GBH can be serious biological harm.

39
Q

What did R v Brown and Stratton say?

A

GBH can be an accumulation of more minor injuries.

40
Q

Which case said that age and health are factors to be considered when deciding if injuries are serious enough to be GBH?

A

R v Bollom.

41
Q

Which case said that GBH can be committed indirectly?

A

R v Martin.

42
Q

What else must be proved in GBH?

A

Causation- factual and legal.

43
Q

What is the mens rea for section 20 GBH?

A

Direct intention (R v Mohan) or recklessness (R v Cunningham) as to cause some harm (R v Mowatt).

44
Q

What is the mens rea for section 18 GBH?

A

Direct (R v Mohan) or oblique intention (R v Woollin) to cause really serious harm (R v Belfon).

45
Q

What is the alternative mens rea for section 18 GBH or wounding?

A

Causing GBH and/ or wounding with intention to resist arrest and intention or recklessness as to causing some harm.

46
Q

When would the alternative mens rea for section 18 GBH or wounding be used?

A

If D caused GBH or wounding to a police officer while trying to resist arrest. (It is meant to try and protect police officers by making the punishment very harsh for causing them GBH or wounding while they are just doing their job).

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