Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Crime > Offence against the person > Flashcards

Offence against the person Flashcards

1
Q

What is assault

A

Any conduct by D, that intentionally or recklessly causes V to apprehend imminent unlawful personal violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is meant by unlawful personal violence?

A

Any non-consensual contact with V

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How imminent must V believe the violence will be?

A

Immediate. Subjective- What does V believe the nature of the threat is. Objective- Based on the facts V believes, whether the belief amounts to an apprehension of imminent violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Constanza

A

D harassed V over 20 months, sending threatening letters and writing on her front door.
Charged with assault causing actual bodily harm
Letters caused apprehension of violence at some point not excluding immediate future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is battery?

A

A battery is any conduct by which D, intentionally or recklessly, inflicts unlawful personal violence upon V.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between assault and battery?

A

Battery requires physical contact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Can battery be committed indirectly?

A

Yes- DPP v K (D committed battery by pouring acid into a hand dryer)
Martin- Digging holes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Santana Bermudez

A

D assured V that he was not carrying sharps, while V was searching him. She was- battery occasioning actual bodily harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the defences for battery/assault?

A

Lawful Chastisement, Consent, Belief in consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the mens rea for battery?

A

Recklessness or intention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Where is the defence for lawful chastisement set out?

A

S58 Children Act 2004
Permitted for
- parents
- only applicable to assault/battery
- only where the force is reasonable and proportionate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the elements of a consent defence?

A

V’s consent to D must be expressed or implied to D in a legally recognised manner.
V’s consent must be effective: they must have the capacity, freedom and information to make a choice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is implied consent?

A

most of the physical contacts of ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact = collins v wilcock

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Konzani

A

D engaged in consensual sexual intercourse with 3 victims
Each contracted HIV, which D was aware of
guilty of maliciously inflicting GBH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Burrell v Hamer

A

Minors incapable of understanding the nature of tattoing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Mental Capacity Act 2005

A

Person lacks capacity if at the material time he is unable to make a decision due to a termporary or permanent impairment or a disturbance in the functioning of the mind

14
Q

Melin

A

D fraudulently represented himself as a qualified doctor.
But for this representation, the victims would not have consented to the treatment.
D convicted of GBH

15
Q

What is belief in consent?

A

A defence to assault and battery. If D believed v produced valid consent, she may avoid liability

16
Q

Jones & Others

A

Belief in consent- D threw V in the air intending to catch him but failed. implied consent

17
Q

What is the OAPA 1861, s 47?

A

Assault occasioning ABH. satisfied where D commits assault/battery that causes v actual bodily harm

18
Q

What is the AR for s47 offence

A

Assault or battery

19
Q

What is actual bodily harm

A

Not defined, but ABH is not found where the injury is merely transient and trifling; any hurt or injury that is calculated to interfere with the health or comfort’ of V

20
Q

Ireland and Burstow

A

Ireland charged with s47 offence having made a series of silent phone calls.

21
Q

What is the MR of s47

A

Base offence of intention and recklessness but no additional MR- ROberts

22
Q

Savage & Parmenter

A

Savage intended to throw glass contents onto v but slipped and caused injury (liable for s47)
Parmenter handled baby in a way that caused serious injury (liable for s20)

23
Q

What is the OAPA 1861, s 20>

A

Criminalises malicious wounding and/or infliction of GBH with at least the foresight of causing some bodily harm

24
Q

What is the AR of a s 20?

A

Wounding or inflicting GBH

25
Q

What constitutes as wounding?

A

V’s whole skin must be broken

26
Q

What constitutes the whole skin breaking?

A

Every layer- surface of the skin does not = wound

27
Q

What constitutes GBH

A

Serious bodily harm. e.g. broken bones, serious recognised psychiatric injury

28
Q

What is the MR for a s 20 offence?

A

Maliciously. Has been equated with intention / recklessness. Does not require D to foresee the full extent of harm caused

29
Q

WHat is a s18 OAPA 1861 offence?

A

Criminalises D, who, with intention to cause GBH or resist apprehension, maliciously wounds or causes GBH

30
Q

What is the AR of a s18

A

A wound or GBH

31
Q
A

Crime (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions