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Non fatals Flashcards

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1
Q

Define assault

A

A person is guilty of assault if he causes the victim to apprehend immediate and unlawful personal violence either via intention or subjective recklessness

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2
Q

Define battery

A

A person is guilty of battery if he applies unlawful force on D either via intention or subjective recklessness

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3
Q

Old definition of abh

A

Assault or batter occasioning actual bodily harm

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4
Q

Common law definition of mr for abh

A

A person must have intention or subjective recklessness to cause assault or battery

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5
Q

Miller (new) definition of abh

A

Any hurt or injury interfering with the health and comfort of the victim

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6
Q

What case defines subjective recklessness

A

R v Cunningham

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7
Q

What test is developed from Cunningham

A

Does D for see a risk and go ahead anyway

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8
Q

Explain r v Cunningham

A

D had tore a gas meter off the wall and gas leaked into a neighbours house
D was so reckless that it was likely some harm would occur from his actions

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9
Q

What case is used for intention of assault or battery

A

R v mohan

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10
Q

Explain r v mohan

A

D drove his car at a police officer

D aimed to assault the police officer and intent is the key ingredient.

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11
Q

What’s the difference between assault and battery

A

Assault the victim must only apprehend violence

Battery there must be an application of unlawful violence

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12
Q

What case says d doesn’t need to foresee abh

A

Savage and parmenter

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13
Q

Explain savage and parmenter

A

A glass slipped out D’s hand and cut the victim

D does not need to foresee abh but only that some harm must occur

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14
Q

What case is head to define apprehension

A

R v lamb

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15
Q

Explain r v lamb

A

D shot revolver at v thinking it wouldn’t revolve.

No assault as he did not fear the gun to shoot

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16
Q

What case explains immediacy

A

R v Ramos

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17
Q

Explain r v Ramos

A

D distributed racist letters threatening a bomb attack

Initially acquitted as lack of immediacy, reversed on basis that fear is the main ingredient for v

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18
Q

What case says battery can be commuted via omissions

A

DPP v Santana-Bermudez

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19
Q

Explain DPP v Santana-Bermudez

A

Police officer was cut by an object in V’s pocket that he failed to tell her about
Battery can now be commuted via omissions

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20
Q

What case explains that the AR and MR for battery must coincide at some point

A

Fagan v MPC

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21
Q

Explain Fagan v MPC

A

D drove over a policeman’s foot. He refused to move after being made aware of his actions
D can develop the MR after committing the MR

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22
Q

What case explains that battery can be committed indirectly

A

DPP v K

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23
Q

Explain DPP v K

A

D had put acid in a hair dryer that V used

It can be commuted indirectly

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24
Q

Which case gave the new definition of abh

A

R v Miller

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25
Explain r v Miller
D there his wife to the floor on multiple occasions and raped her Gave us the new definition
26
Which case meant that features were involved in abh
DPP v Smith
27
Explain DPP v Smith
D cut off girlfriends ponytail | Abh includes features such as hair and fingernails
28
What case said abh can include a loss of consciousness
T v DPP
29
Explain T v DPP
V was kicked by D on the ground and V lossed consciousness | Abh now includes a loss of consciousness
30
What case now includes psychiatric harm for abh
Chan fook
31
Explain chan fook
D locked v in a bedroom and v jumped out the window | Abh can include psychiatric harm
32
What case explained abh can be committed indirectly
DPP v K
33
Explain DPP v K
D put acid in a hair dryer that v used | Abh can be cause indirectly
34
What is the max sentence for assault and battery
6 month imprisonment or £5000 fine
35
What is the max sentence for abh
5 years imprisonment
36
What act are assault battery and abh defined in
Offences against the person act
37
What section of the OAPA is abh from
S.47
38
What cases are needed to explain assault
R v lamb for apprehension R v Ramos for immediacy Ireland and Burstow assault is any action causing the victim to apprehend unlawful personal violence Smith v Woking police station Immediacy of fear is enough to amount to an assault Constanza words can amount to an assault and v must fear d at some point and can be anytime R v mohan for intention R v Cunningham for recklessness
39
What cases are need to explain battery
DPP v Santana-Bermudez for battery can be commited via omissions Fagan v MPC for AR and Mr to coincide at some point DPP v K for battery to be committed indirectly R v Mohan for intention R v Cunningham for subjective recklessness Collins and Wilcock for not being able to commit battery in self defence
40
What cases are needed to explain abh s.47
T v DPP for a loss of consciousness DPP v Smith for including features Chan Fook to include psychiatric harm DPP v K for commiting abh indirectly Savage and parmenter for not forseeing abh as a result R v Cunningham for subjective recklessness Miller for the new definition of ABH
41
Explain Collins v Wilcock
D held v to stop them walking away. D scratched v in self defence D's actions amounted to a battery but conviction was quashed as they were in self defence. Cant commit battery in self defence
42
Explain Read v Coker Unneeded (skip)
D threatened to break V's neck if he didnt leave | Words without a threatening gesture can amount to an assault
43
Explain Ireland and Burstow
D stalked V for a period of time. V had suffered severe depression Assault can consist of any act that causes the victim to apprehend immediate and unlawful personal violence
44
Explain Logdon | Unneeded skip
D threatened V with a replica gun | A threat can amount to an assault even if d doesnt have the means to apply force onto v
45
Explain Smith v Woking police
D stared at V through a window but could not enter the house Immediacy of fear is enough to amount to an offence of assault
46
Explain Constanza
D stalked V and wrote over 800 letters to her | Words amount to an offence of assault and V can fear violence at anytime for it to be immediate
47
What is the Ar for gbh section 18 and section 20
Unlawfully and maliciously wound or cause any grevious bodily harm
48
What is the mr for gbh section 20
Intention or subjective recklessness for there to be some harm
49
What is the mr for gbh section 18
Intention for gbh or subjective recklessness to a police officer
50
What cases are used for gbh section 20
``` Eisenhower Moriarty v brookes Wood Cunningham DPP v Smith Lewis Parmenter Burstow Dica Bollom ```
51
What happened in eisenhower
D shot v in the eye | Skin must break for it to be a wound
52
What happened in moriarty v brookes
D cut under v’s eye | Both layers of skin must be broken
53
What happened in wood
V’s collar bone broke | A broken bone is not a wound
54
DPP v Smith
D shook v off his car and v died | Only use subjective test for gbh now
55
What happened in Lewis
S shouted at v. V jumped and broke her legs | Inflicting has a broad meaning
56
What happened in parmenter
D threw his child and broke more than one limb | D must foresee some harm as a result
57
What happened in burstow
D caused v to suffer depression | Psychological harm is now enough
58
What happened in Dica
D didn’t tell v he was hiv positive | Biological harm is now included
59
What happened in bollom
A child had bruising | Less serious harm for a child to an adult needed
60
What cases are used for gbh section 18
Moloney Nedrick Wool in Morrison
61
What happened in moloney
D shot v while drunk | Didn’t intend it
62
What happened in nedrick
D set house on fire | D was so reckless harm was probable
63
What happened in woolin
D threw his baby off a wall | He was so reckless
64
What happened in Morrison
D dragged police officer to window and cut them | D resisted arrest giving mr

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