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Law paper 1 > OAPA > Flashcards

OAPA Flashcards

assault, battery, abh, gbh

1
Q

what is the maximum sentence for assuault?

A

6 months, £5000 or both

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2
Q

what is the definition of assault?

A

where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence

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3
Q

what is the actus reus of assault

A
  • can’t be omission (must be an act)
  • can be words
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4
Q

how was assault as a law made?

A

common law

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5
Q

what are rules to prove actus reus in assault

A

1 - needs to make the victim assume they are about to be harmed
2 - needs to be an immediate action so cat say you will do something in a week
3 - needs to be an unlawful force
4 - level of force = any unwanted touching

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6
Q

can words be assault?

A

yes

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7
Q

definition of assault mens rea?

A

an assault is commited where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence

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8
Q

case to show that words can negate assault

A

tubervilk v savage
1600s sword fight

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9
Q

cases to show that in assault, one must apprehend unlawful force

A

Stephen v Myers - Church Parish meeting
Logdon v DPP
Smith v chief constable of woking

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10
Q

case to show that even words are enough to assault

A

R v Constanza

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11
Q

case to show silence can be an assault

A

R v Ireland

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12
Q

what are the two mens reus acceptable for battery?

A

1 - intention
2 - recklessness

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13
Q

what is the definition of battery?

A

‘application of unlawful force to another person either by intent or recklessness’

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14
Q

case examples of direct force in Battery

A

Collins v Wilcock - police officer grabs woman and she scratched him back
or
Wood v DPP - police officer grabbed ash tray thrower whilst he was already being held

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15
Q

example of touching someone’s clothes being direct battery

A

R v Thomas - caretaker touched and lifted up girls skirt

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16
Q

examples of indirect force being battery

A

R v Martin - locked people in theatre with bar and pretended there was a fire
or
DPP v K
sulfuric acid in hand dryer

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17
Q

what case states that sometimes unconsented force is inevitable

A

Collins v Wilcock

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18
Q

what are examples of implied consent?

A

Donneley v Jackman - police taps man to get his attention and the guy punches him
or
McMillan v CPS
drunk woman escorted off property

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19
Q

what is correction of a child law

A

the law recognises that moderate and reasonable chastisement of a child in lawful

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20
Q

what is needed for the mens rea of battery?

A

intention or recklesness

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21
Q

What is the legal name for ABH
and what section is it under?

A

assault occasioning actual bodily harm under s.47 offences against the person act 1861

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22
Q

where are type of trial is ABH?

A

triable either way

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23
Q

what is the definition of ABH

A

whosoever shall be convicted of any assault occasioning actual bodily harm shall be liable to imprisonment for 5 years

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24
Q

what is the first thing that has has to be proved in ABH?

A

all elements of assault or battery

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25
where was it decided that mental harm could only be used as a defence in ABH if there was evidence of a psychiatric condition
R v Chan fook french exchange climbed out of window on tied sheets and fractured wrist
26
what happened in R v Miller?
d's wife left him and then over the next year, he raped and abused her
27
what should the level of harm be for ABH?
'the injury need not be permanent but should not be so trivial as to be wholly insignificant'
28
example of mental harm being passed as ABH
R v Ireland looking through window and gave woman depression
29
example of loss of consciousness being ABH
T v DPP - guy was knocked out for a short amount of time
30
example of cutting someone's hair off being ABH
DPP v Smith 2006
31
example of intention as mens rea in ABH
R v Savage - poured beer over someone's head and dropped it
32
example of recklessness as mens rea in ABH
R v Venna - drunk bin bashers kicked policeman in chin
33
is consent allowed as an excuse in ABH?
no
34
2 examples where it shows consent cant be used as a defence for ABH
R v Donovan - spanking fetish even though they both wanted and R v Brown - nail foreskin to wood
35
example of consent exceptions in ABH
R v Wilson - branded his initials into her ass but it was fine as it was for endorsement rather than sexual pleasure and was within the marriage
36
what are 2 examples where consent is allowed in ABH
1 - rough horseplay 2 - lawful sport
37
example of lawful sport case in ABH
R v Barnes - footballers leg was broken but it was legal
38
example of unlawful sport case in ABH
R v Johnson - biting off other player's ear
39
example of rough horseplay being and exception of consent in ABH
R v Jones - birthday bumps and dropped guy and ruptured his spleen
39
what is the definition of GBH?
whosoever shall unlawfully and maliciously wound or inflict any grevions bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty
40
what section is GBH?
s.20 Offences against the person act 1861
41
what are the 2 actually reus of s.20
1 - wounding 2 - inflicting grievous bodily harm
42
what type of trial is a GBH case?
triable either way
43
where did the authority of wounding come from?
Moriarty v Brookes ‘an injury to the person, by which the skin is broken. If the skin is broken, and there was bleeding, that is a wound’
44
where did the legal definition of GBH come from?
DPP v Smith zigzag car and police officer falls off car bonnet
45
case showing that wounding must break the skin
JCC V Eisenhower D shot air rifle and burst someone’s blood vessel in the eye. no cut, no wound
46
where did the principal of serious harm required for GBH come from?
R v Saunders ‘i’ll give you a problem’
47
severity of injuries should be assessed according to the victims health and age as seen in…
R v Bollom serious bruising on 17 month old being GBH
48
what is the definition of GBH s.20?
whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty
49
what is the full title of GBH (recklessness)
section 20 offences against the person act 1861
50
what are the 2 ways of committing s.20?
1 - wounding 2 - GBH
50
what type of offence is s.20 GBH?
triable either way
51
what is the authority case talking about a wound breaking the continuity of the skin
Moriarty v Brookes
52
what was the principle of R v Saunders?
serious harm is required for GBH
53
what was decided in R v Bollon?
severity of the victims injuries should be assessed according to the victims health and age
54
example of intentionally transmitting disease being GBH
R v Dicta
55
example of multiple small injuries leading up to GBH?
R v Brown and Stratton
56
what was decided in R v Burstow?
all 'inflict' means is 'causes' so there doesn't need to be assault / battery found
57
example where stupidity is not enough for recklessness
R V Brady
58
what does malicious in GBH mean?
1 - intent to do the particular type of harm that was done 2 - recklessness as whether such harm should occur or not i.e. the D has forseen that the particular kind or harm might not have happened
59
what type of offence is s.18 GBH?
indictable offence
59
what is the full name for s.18 GBH?
s.18 OAPA 1861 grevious bodily harm
60
example of s.18 GBH
R V Belfon
61
example of resisting / preventing arrest or detention being GBH
R v Morrison

Law paper 1 (8 decks)

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