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Law paper 1 > OAPA > Flashcards

OAPA Flashcards

assault, battery, abh, gbh

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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
Q

where was it decided that mental harm could only be used as a defence in ABH if there was evidence of a psychiatric condition

A

R v Chan fook
french exchange climbed out of window on tied sheets and fractured wrist

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26
Q

what happened in R v Miller?

A

d’s wife left him and then over the next year, he raped and abused her

27
Q

what should the level of harm be for ABH?

A

‘the injury need not be permanent but should not be so trivial as to be wholly insignificant’

28
Q

example of mental harm being passed as ABH

A

R v Ireland
looking through window and gave woman depression

29
Q

example of loss of consciousness being ABH

A

T v DPP - guy was knocked out for a short amount of time

30
Q

example of cutting someone’s hair off being ABH

A

DPP v Smith 2006

31
Q

example of intention as mens rea in ABH

A

R v Savage - poured beer over someone’s head and dropped it

32
Q

example of recklessness as mens rea in ABH

A

R v Venna - drunk bin bashers kicked policeman in chin

33
Q

is consent allowed as an excuse in ABH?

A

no

34
Q

2 examples where it shows consent cant be used as a defence for ABH

A

R v Donovan - spanking fetish even though they both wanted
and
R v Brown - nail foreskin to wood

35
Q

example of consent exceptions in ABH

A

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
Q

what are 2 examples where consent is allowed in ABH

A

1 - rough horseplay
2 - lawful sport

37
Q

example of lawful sport case in ABH

A

R v Barnes - footballers leg was broken but it was legal

38
Q

example of unlawful sport case in ABH

A

R v Johnson - biting off other player’s ear

39
Q

example of rough horseplay being and exception of consent in ABH

A

R v Jones - birthday bumps and dropped guy and ruptured his spleen

39
Q

what is the definition of GBH?

A

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
Q

what section is GBH?

A

s.20 Offences against the person act 1861

41
Q

what are the 2 actually reus of s.20

A

1 - wounding
2 - inflicting grievous bodily harm

42
Q

what type of trial is a GBH case?

A

triable either way

43
Q

where did the authority of wounding come from?

A

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
Q

where did the legal definition of GBH come from?

A

DPP v Smith
zigzag car and police officer falls off car bonnet

45
Q

case showing that wounding must break the skin

A

JCC V Eisenhower
D shot air rifle and burst someone’s blood vessel in the eye. no cut, no wound

46
Q

where did the principal of serious harm required for GBH come from?

A

R v Saunders
‘i’ll give you a problem’

47
Q

severity of injuries should be assessed according to the victims health and age as seen in…

A

R v Bollom
serious bruising on 17 month old being GBH

48
Q

what is the definition of GBH s.20?

A

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
Q

what is the full title of GBH (recklessness)

A

section 20 offences against the person act 1861

50
Q

what are the 2 ways of committing s.20?

A

1 - wounding
2 - GBH

50
Q

what type of offence is s.20 GBH?

A

triable either way

51
Q

what is the authority case talking about a wound breaking the continuity of the skin

A

Moriarty v Brookes

52
Q

what was the principle of R v Saunders?

A

serious harm is required for GBH

53
Q

what was decided in R v Bollon?

A

severity of the victims injuries should be assessed according to the victims health and age

54
Q

example of intentionally transmitting disease being GBH

A

R v Dicta

55
Q

example of multiple small injuries leading up to GBH?

A

R v Brown and Stratton

56
Q

what was decided in R v Burstow?

A

all ‘inflict’ means is ‘causes’ so there doesn’t need to be assault / battery found

57
Q

example where stupidity is not enough for recklessness

A

R V Brady

58
Q

what does malicious in GBH mean?

A

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
Q

what type of offence is s.18 GBH?

A

indictable offence

59
Q

what is the full name for s.18 GBH?

A

s.18 OAPA 1861 grevious bodily harm

60
Q

example of s.18 GBH

A

R V Belfon

61
Q

example of resisting / preventing arrest or detention being GBH

A

R v Morrison

Law paper 1 (8 decks)

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