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English Criminal Law > offences against a person > Flashcards

offences against a person Flashcards

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1
Q

increasing harm

A

increasing sentence

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2
Q

s18 - wounding or causing GBH with intent

A

maximum - life

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3
Q

ss 47 and 20

A

both maximum 5 years sentence

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4
Q

GBH - structure of offences

A

seriously injures V with knife/other weapon, crown court, or magistrates court

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5
Q

GBH with intent/wounding with intent - structure of offences

A

D intentionally wounds or causes wounds to the V, can be resisting arrest, crown court.

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6
Q

Assault - Definition

A

intentionally or recklessly causing the apprehension of immediate unlawful personal violence, result crime, cannot assault yourself

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7
Q

s 39 of Criminal Justice Act 1988

A

assault

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8
Q

AR: unlawful personal violence

A

apprehension means subjective (to V) expectation or anticipation, not complete unless they suspect/think violence will follow.

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9
Q

r v ireland

A

assault, fear that the caller would arrive at their door at any time, where it is clear that the words used to communicate a violence it is enough

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10
Q

tuberville v savage

A

words can be enough for assault but if they communicate violence it’s not going to be used at that time

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11
Q

AR: Immediate

A

must be an imminent threat, V’s belief in the nature of the threat

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12
Q

Smith v CS of Woking Police Station

A

IMMEDIATE - wasn’t necessary to find out what V thought as long as she believed it was of some violent nature and carried out straight away

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13
Q

r v constanza

A

IMMEDIATE - took V evidence that his behaviour was escalating and anything could happen anytime, threat didn’t have to be directly in front to qualify

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14
Q

battery: definition

A

intentionally or recklessly causing unlawful personal conduct, completed assault, result crime, V must be another person

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15
Q

AR: unlawful personal contact

A

there is no minimum level of harm - any touching without consent will do, not complete until contact is made

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16
Q

Faulkner v Talbot

A

unlawful personal contact - law at the time provided that a boy under 16 couldn’t consent to the touching, unlawful contact made, doesn’t need to be harm caused to the V.

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17
Q

r v Thomas

A

convicted in Crown court, appeal accepted as wasn’t sexual, said it doesn’t matter is the V touched on skin or clothes, it is unlawful personal contact

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18
Q

Fagan v MPC - unlawful personal contact

A

caused indirectly - held to constitute indirect physical contact and could form one of these offences

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19
Q

DPP V K - unlawful personal contact

A

caused indirectly - not necessary for V to know their V, if they put it in intending to hurt someone, it is assault.

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20
Q

r v Martin - unlawful personal contact

A

caused indirectly - crushed several people, conviction safe.

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21
Q

DPP v Santa-Bermudez - unlawful personal contact

A

can occur by omission - D convicted of ABH, successfully pleaded to Crown court, appealed the appeal, disagreed as he had created a dangerous situation.

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22
Q

MR for assault and battery

A

assault - intent or recklessness as to causing the apprehension, battery - intent or recklessness as to causing the unlawful contact.

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23
Q

R v Venna - assault and battery MR

A

could convict the D if they agreed that their use of force was reckless

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24
Q

s 47 OAPA 1861

A

assault occasioning actual bodily harm, liable to be imprisoned for any term not exceeding 5 years, must suffer actual bodily harm, is a more serious form of assault

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25
Q

r v miller - AR actual bodily harm

A

court considers whether the force used could lead to ABH, held that an injury to state of mind is within the criteria if ABH

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26
Q

Ireland and Burstow - psychiatric injury (ABH)

A

no physical injury but became clinically depressed, mental illness caused needs to be medically recognised

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27
Q

MR Constructive Liability

A

only requires MR of the base offence - no need to be able to foresee the more serious ABH level harm

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28
Q

R v Roberts - liability is built (constructed)

A

said he couldn’t foresee her jumping out of the car, taking her jacket off (battery), jumping out (increasing ABH), liability could only be broken if something bizarre occurred to break the causal link.

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29
Q

R v savage - liability is built (constructed)

A

both convicted of GBH, couldn’t foresee a greater harm occurring because of their actions.

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30
Q

s 20 wound or inflict GBH

A

maliciously wound or inflict any grievous bodily harm - term not exceeding 5 years.

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31
Q

two ways to breach s 20

A

wound with malice, inflict GBH with malice, can go to magistrates or Crown court.

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32
Q

wound or cause GBH with intent s 18

A

unlawfully and maliciously wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person or with intent to resist arrest or prevent the lawful apprehension or detainer.

33
Q

s 18 - breach

A

wound, cause GBH, max sentence of life

34
Q

wounding

A

need not be serious, involves merely breaking the skin (Moriarty), only applies if skin broken

35
Q

GBH

A

just means serious, DPP v Smith - emphasised that bodily harm must be really serious.
- need not be life threatening.

36
Q

s 18 MR: Intent is Key

A

requires intent to do some GBH or intent to resist arrest or prevent the lawful apprehension or detainer

37
Q

R v Taylor

A

intent must be to cause GBH, NOT wounding
- D stabbed in the back no intent to cause GBH, jury convicted but appealed successfully.

38
Q

s 20 - recklessness as ‘some harm’

A

even if only minor, r v mowatt = unnecessary that the unlawful act would cause physical harm of the degree stated in s 20, r v savage = no need for D to foresee harm

38
Q

ss 18 20 MR: Malice

A

means intent or recklessness, but not technically identical
- applies to wounding/GBH s 20 offence
- applies to wounding/GBH in s18 offence where D hindering arrest

39
Q

foresight of GBH needed for s 18

A

r v Morrison = v tasked with evicting squatter, when trying to arrest began to run to the window, continued to run and gave V scarring, convicted of GBH, appealed, recklessness, must be a level of foresight as to relevant harm to V

40
Q

s 28 crime and disorder act 1998 - aggravated offences (racial or religious aggravation)

A
  • if, at the time of committing the offence, or immediately before, the offender demonstrate towards V hostility based on membership (or presumed) of racial/religious group or
  • the offence is motivated (wholly or partly) by hostility towards members of a racial/religious group based on their membership in said group
41
Q

when is aggravation applicable?

A

after the offence has been proved - if a person is convicted, it increases the level of punishment BOLT ON which alters the offence and increases the sentence.

42
Q

s 28(1)(a) - aggravates on behalf of AR

A

offender demonstrates hostility towards V

43
Q

s 28(1)(b) aggravates on basis of MR

A

offence is motivated, were motivated by hostility

44
Q

aggravation in AR - s 28(1)(a)

A

operates regardless of D’s MR - demonstration is enough, whether they show racial hatred - requires it as base offence

45
Q

r v Babbs

A

aggravation in AR s 28(1)(a) - D racially abused V, fight broke out, stopped by staff, convicted of racially aggravated assault, prior conduct racially motivated hostility, assault was the continuation

46
Q

aggravation in MR: s 28(1)(b)

A

what D was thinking at the time of the interaction, in part must be shown, D needs to be motivated by racial/religious hostility, doesn’t need to be only motivation

47
Q

Kendall v DPP - aggravation in MR: s 28(1)(b) doesn’t need to be sole motivation

A

put up posters of illegal immigrants and insulted them, encouraged people to join hate group, appeal rejected as he used the word ‘scum’ and pictures were offensive, partially motivate by racial insecurity

48
Q

factors about racially/religious motivated abuse

A

V actual religion/race is irrelevant, D and V can be from the same group, V doesn’t need to be aware of the hostility, assess D’s conduct objectively

49
Q

is domestic violence/abuse an offence?

A

no it is not in English criminal law, domestic abuse act 2021 provides a definition for it.

50
Q

how to categorise Domestic Abuse

A

it takes another offence to prosecute if someone has experienced domestic abuse: assault, battery, homicide etc.

51
Q

controlling or coercive behaviour - serious crime act 2015, s 76

A

(a) repeatedly/continuously engages in behaviour towards another (V) that is controlling/coercive
(b) at the time of the behaviour, V and D are personally connected
(c) the behaviour has a serous effect on V and
(d) D knows, or ought to know, that the behaviour will have serious effect on V.

52
Q

‘personally connected’ - for reference to s 76 of SCA 2015

A

covers a range of possible intimate partner relationships, s 76(2) - where there is an intimate relationship

53
Q

‘serious effect’ - for reference to s 76 of SCA 2015

A

repeated fear of violence, serious alarm, distress, spying, having substantially adverse effect on V’s everyday activities, effect D has on V

54
Q

defence in s 76(8) for reference to s 76 of SCA 2015

A

where D acting in V’s best interest, conduct was reasonable - D must show, burden of proof on them

55
Q

defence of consent relating to controlling/coercive behaviour

A

can consent to minor harm in some circumstances

56
Q

consent - common law offences

A

must be expressed or implied to D, consent must be effective (capacity, freedom, sufficient information).

57
Q

chastising children - consent?

A

permissible as long as its reasonable, proportionate and without cruelty - children act 20014, s 58 defence available only to parents

58
Q

expressed consent

A

agrees to contact - provided express agreement for the contact.

59
Q

implied consent (important issue for assault and battery)

A

generally implied consent to low level contact in society - Collins v wilcock = everyday life.

60
Q

wood v dpp (implied consent - must be within the bounds of acceptability)

A

took D’s arms so they could confirm identity, D hit the officer, they had no lawful reason to touch D unless they were arresting, seen that they were assaulting and his reaction was lawful

61
Q

h v cps (implied consent - must be within the bounds of acceptability)

A

foresight of contact not enough - worked at school for those with learning needs, he consent to being assaulted as every common there, argument not upheld, if teacher consented to being attacked by pupil then should’ve applied to everyone entering

62
Q

effective consent - V must have capacity

A

Burrell v harmer - D charged with ABH, argument rejected as boys were too young to give consent and understand it - lacked capacity

63
Q

effective consent - V must have capacity = Mental Capacity Act 2005

A

guidance if someone has capacity to make decisions

64
Q

effective consent - v must have knowledge

A

can’t consent to something if you are not aware of the risk of it - need to clearly understand conduct

65
Q

effective consent - v must have knowledge = R v Konzani

A

D convicted of ABH, had sex with people knowing he had STD, court found V gave consent to unprotected sex but not to the HIV as they didn’t know

66
Q

effective consent - v must not be V of fraud

A

fraud can only be to identity of D or nature of D’s conduct, V must not be victim of duress, D’s honest belief in consent negates liability

67
Q

effective consent - v must not be V of fraud = R v Richardson

A

D was not a dentist, convicted of ABH, didn’t say license suspended, allowed appeal, only applied if they were misled to who she was

68
Q

effective consent - v must not be V of fraud = R v Melin

A

D was not a doctor, GBH, alleged medically trained but not, they said they wouldn’t have got procedure if they knew, conviction stood

69
Q

effective consent - v must not be V of fraud = r v mobilio

A

d performed unnecessary vaginal exams on women for own pleasure, said they consented, told the women what he was going to do, consented, seen to be ‘good’ in that sense.

70
Q

effective consent - v must not be V of fraud = r v jones

A

schoolboys, threw in the air intending to catch, didn’t, sustained serious injuries, didn’t allow consent offence to go to jury, believed enough for defence charge

71
Q

consent statutory offences

A

express/implied, effective, but for ABH/GBH need the harm to be legally recognised as capable of being consented to

72
Q

categories of serious harm - r v brown

A

surgery and medical treatment, cosmetic surgery/body mod, religious flagellation, horseplay, sports, sexual pleasure, unless the harm falls into one of these categories, D will not be consent

73
Q

surgery and medical treatment - consent to serious harm

A

can be invasive, breaking skin, wounding, need consent to that treatment

74
Q

body mod - consent to serious harm

A
  • r v wilson = branding, D had his initials put onto wife’s bum, convicted of ABH
  • r v bm = professional tattooed and piercer, removed clients ear and split tongue, clients accepted to have tried to consent, should have been seen as an extension to tattoo, no consent found
75
Q

horseplay - consent to serious harm

A
  • validity of consent = R v Jones
  • r v aitken = raf airman, one get doused in spirit and on fire, ABH charge, overturned, believe it was fun, and V was consenting
76
Q

serious harm in sports

A

risk of injury, consent in officially recognised sport played within rules, injuries sustained outside of rules not consented to

77
Q

r v barnes - serious harm in sports

A

D caused serious leg injury to another due to bad tackle, convicted of GBH, doesn’t mean act was criminal

78
Q

serious harm for sexual pleasure

A
  • r v dica = STD
  • r v Donovan = SM, light spanking
  • R v Brown = consensual SM
  • r v wilson = branding wife’s bum

English Criminal Law (6 decks)

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