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Law > OAPA > Flashcards

OAPA Flashcards

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1
Q

S.39 criminal justice act 1988

A

Assault/battery

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2
Q

What category of offence is assault/battery

A

Summary

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3
Q

What is the maximum sentence for assault/battery

A

6 months

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4
Q

Actus reus assault

A

Where by an act/words causes V to apprehend immediate and unlawful force

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5
Q

What can immediate mean

A

Imminent

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6
Q

What case states immediate can mean imminent

A

Smith V SWPS

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7
Q

Which case states that actus reus of assault can be written

A

Constanza

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8
Q

Which case states that the actus reus of assault can be silent

A

Ireland

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9
Q

Actus reus battery

A

Where Ds act/omission applies unlawful force to V

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10
Q

Which case states that D need not touch Vs body to satisfy the actus reus of battery

A

Thomas

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11
Q

Which case states that the actus reus of battery can be indirect

A

Haystead

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12
Q

Mens rea of assault

A

Intention/recklessness as to causing V to apprehend immediate and unlawful force

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13
Q

Which case supports mens rea of assault and battery

A

VENNA

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14
Q

Mens rea of battery

A

Intention/recklessness as to applying unlawful force to V

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15
Q

S.47 OAPA 1861

A

Assault occasioning ABH

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16
Q

what category of offence is ABH

A

Either way

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17
Q

What is the maximum sentence for ABH

A

5 years

18
Q

What must the actus reus of ABH first be

A

An assault/battery

19
Q

What must the assault/battery cause to satisfy actus reus of ABH

A

Must cause ABH

20
Q

Chan fook (ABH)

A

The word actual means the injury should not be so trivial as to be wholly insignificant

21
Q

Mens rea ABH

A

Intention/recklessness as to an assault/battery

22
Q

Case that supports mens rea ABH

A

Savage v parmenter

23
Q

S20 OAPA

A

Malicious wounding/GBH

24
Q

What category are malicious wounding/inflicting GBH

A

Either way

25
Q

Maximum sentence s20

A

5 years

26
Q

Actus reus wounding

A

Any breaking of the skin

27
Q

Case to support actus reus wounding

A

JCC V EISENHOWER

28
Q

Actus reus GBH

A

‘Really serious harm’

29
Q

Case to support actus reus GBH

A

DPP v smith

30
Q

Which case states that the nature of the victim is relevant in actus reus GBH

A

Bollom

31
Q

Which case states that several minor injuries can satisfy actus reus of GBH

A

Brown and Stratton

32
Q

Which case states that actus reus of GBH can be psychological

A

Burstow

33
Q

What is the Mens rea GBH/malicious wounding defined by

A

The word maliciously

34
Q

Mens rea wounding/GBH

A

Must be intention/recklessness that V might suffer some harm

35
Q

Which case supports mens rea wounding/GBH

A

Mowatt

36
Q

S.18 OAPA

A

Malicious wounding/GBH, with intent to cause GBH or resist/prevent arrest

37
Q

What category of offence is s18 OAPA

A

Indictable

38
Q

Maximum sentence s18 OAPA

A

Life

39
Q

Actus reus of s.18

A

Same as S.20

40
Q

Mens rea s18

A

Intention to cause GBH/intention to resist/avoid arrest + recklessness as to GBH

41
Q

Do you have to intenD GBH/malicious wounding upon intending to resist/prevent arrest

A

No but you must be reckless as to GBH

Law (39 decks)

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