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Law > Non- Fatals > Flashcards

Non- Fatals Flashcards

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1
Q

What is an assault?

A

An assault is where the D ‘intentionally or recklessly causes the V to apprehend immediate unlawful violence’

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2
Q

What statute is an assault charged under?

A

S.39 Criminal Justice and Immigration Act 1988

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3
Q

What does the case of constanza tell us?

A

Letter can constitute an assault

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4
Q

What does the case of Ireland tell us?

A

Silent phone calls can constitute an assault

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5
Q

What does ‘apprehend’ mean?

A

Apprehend is not fear but believe. This does not have to be a rational belief so long as it is honestly held.

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6
Q

What case defines ‘apprehend’?

A

Lamb

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7
Q

What does immediate mean?

A

Immediate does not mean instantaneously but imminent

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8
Q

What case defines immediate?

A

Smith v Woking Police Station

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9
Q

When may an assault be lawful?

A

If the V gives genuine consent, if it is used in self-defence or the prevention of crime.

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10
Q

What is the mens rea for an assault?

A

The MR for an assault is ‘intentional or recklessness’ as to causing the V to apprehend immediate unlawful violence.

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11
Q

What is a battery defined as?

A

A battery is ‘intentionally or recklessly applying unlawful force to another’

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12
Q

What statute is a battery charged under?

A

S.39 Criminal Justice and Immigration Act 1988

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13
Q

What is ‘force’ defined as?

A

‘force’ is any touching that the V does not consent to, it must be more than everyday touching.

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14
Q

What does the case of Thomas tell us?

A

Even touching the victims clothes can be a battery

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15
Q

What does the case of Fagan v MPC tell us?

A

A battery can be committed through a continuing act

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16
Q

What is S.47 ABH?

A

‘any assault or battery which causes actual bodily harm’

17
Q

What statute is S.47 held under?

A

S.47 Offence Against the Persons Act 1861

18
Q

What is the AR for S.47 ABH?

A

The AR of the assault or battery

19
Q

what is ABH defined as?

A

‘any hurt or injury calculated to interfere with the health or comfort of the victim’

20
Q

What is the MR for S.47 ABH?

A

Intention or recklessness as to the assault or battery

21
Q

What is S.20 GBH defined as?

A

Intention or recklessness as to causing ‘some harm’

22
Q

What case demonstrates ’some harm’ ?

A

Smith; Saunders

23
Q

What is wounding defined as?

A

‘any break in the continuity of the skin’

24
Q

What case defines wounding as ‘any break in the continuity of the skin’?

A

Eisenhower

25
Q

What does the case of Dica tell us?

A

STI’s can be S.20 GBH

26
Q

What is the MR for S.20 GBH?

A

intention or recklessness as to causing some harm

27
Q

What statute is S.18 GBH held in?

A

S.18 Offence Against the Person Act 1861

28
Q

What is the MR for S.18 GBH?

A

Intention to cause serious harm

29
Q

What does the case of Morrison tell you about resisting arrest?

A

‘a person who intends to resist or prevent arrest, and has intention or recklessness as to causing a wind or injury can also be liable for S.18 GBH’

30
Q

What case tells us that a conditional threat is sufficient for an assault?

A

Read v Coker

31
Q

What does the cases of Tuberville v Savage; Light tell us?

A

If there are words indicating that there will be no violence then this may prevent it from being an assault

32
Q

What case tells us that ‘force’ must be more than everyday touching?

A

Collins v Wilcock

33
Q

What does the case DPD v K tell us?

A

A battery can be an indirect act

34
Q

What is the MR if a battery defined as?

A

The MR of a battery is intention or recklessness as to the application of unlawful force

35
Q

what case tells us that ABH is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’?

A

Miller

36
Q

What is psychiatric injury defined as?

A

Must be more than mere emotions such as fear, distress or panic

37
Q

What does the case of T v DPP tell us?

A

ABH includes momentary unconsciousness

38
Q

WhT case defines psychiatric injury?

A

Chan Fook

39
Q

What case tells us that S.20 GBH includes serious psychiatric injury?

A

Burstow

Law (5 decks)

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