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Non fatals Flashcards

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
Q

Explain r v Miller

A

D there his wife to the floor on multiple occasions and raped her
Gave us the new definition

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26
Q

Which case meant that features were involved in abh

A

DPP v Smith

27
Q

Explain DPP v Smith

A

D cut off girlfriends ponytail

Abh includes features such as hair and fingernails

28
Q

What case said abh can include a loss of consciousness

A

T v DPP

29
Q

Explain T v DPP

A

V was kicked by D on the ground and V lossed consciousness

Abh now includes a loss of consciousness

30
Q

What case now includes psychiatric harm for abh

A

Chan fook

31
Q

Explain chan fook

A

D locked v in a bedroom and v jumped out the window

Abh can include psychiatric harm

32
Q

What case explained abh can be committed indirectly

A

DPP v K

33
Q

Explain DPP v K

A

D put acid in a hair dryer that v used

Abh can be cause indirectly

34
Q

What is the max sentence for assault and battery

A

6 month imprisonment or £5000 fine

35
Q

What is the max sentence for abh

A

5 years imprisonment

36
Q

What act are assault battery and abh defined in

A

Offences against the person act

37
Q

What section of the OAPA is abh from

A

S.47

38
Q

What cases are needed to explain assault

A

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
Q

What cases are need to explain battery

A

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
Q

What cases are needed to explain abh s.47

A

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
Q

Explain Collins v Wilcock

A

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
Q

Explain Read v Coker

Unneeded (skip)

A

D threatened to break V’s neck if he didnt leave

Words without a threatening gesture can amount to an assault

43
Q

Explain Ireland and Burstow

A

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
Q

Explain Logdon

Unneeded skip

A

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
Q

Explain Smith v Woking police

A

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
Q

Explain Constanza

A

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
Q

What is the Ar for gbh section 18 and section 20

A

Unlawfully and maliciously wound or cause any grevious bodily harm

48
Q

What is the mr for gbh section 20

A

Intention or subjective recklessness for there to be some harm

49
Q

What is the mr for gbh section 18

A

Intention for gbh or subjective recklessness to a police officer

50
Q

What cases are used for gbh section 20

A 
Eisenhower 
Moriarty v brookes 
Wood
Cunningham
DPP v Smith 
Lewis
Parmenter
Burstow
Dica
Bollom
51
Q

What happened in eisenhower

A

D shot v in the eye

Skin must break for it to be a wound

52
Q

What happened in moriarty v brookes

A

D cut under v’s eye

Both layers of skin must be broken

53
Q

What happened in wood

A

V’s collar bone broke

A broken bone is not a wound

54
Q

DPP v Smith

A

D shook v off his car and v died

Only use subjective test for gbh now

55
Q

What happened in Lewis

A

S shouted at v. V jumped and broke her legs

Inflicting has a broad meaning

56
Q

What happened in parmenter

A

D threw his child and broke more than one limb

D must foresee some harm as a result

57
Q

What happened in burstow

A

D caused v to suffer depression

Psychological harm is now enough

58
Q

What happened in Dica

A

D didn’t tell v he was hiv positive

Biological harm is now included

59
Q

What happened in bollom

A

A child had bruising

Less serious harm for a child to an adult needed

60
Q

What cases are used for gbh section 18

A

Moloney
Nedrick
Wool in
Morrison

61
Q

What happened in moloney

A

D shot v while drunk

Didn’t intend it

62
Q

What happened in nedrick

A

D set house on fire

D was so reckless harm was probable

63
Q

What happened in woolin

A

D threw his baby off a wall

He was so reckless

64
Q

What happened in Morrison

A

D dragged police officer to window and cut them

D resisted arrest giving mr

Law (13 decks)

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