Offences Against the Person Act 1861 Flashcards
1
Q
R v Roberts
A
- V jumped out of a moving car to escape D’s unwanted sexual advances.
- S47 ABH Mens Rea and Causation
- Escape from physical danger is not daft and does not break the chain of causation.
- He intended to apply unlawful force.
- Mens rea for the assault of battery is sufficient, no additional mens rea is required for the harm caused.
2
Q
Moriarty v Brookes
A
- V suffered a cut to the skin under his eye in a dispute in a pub.
- S20 Actus Reus - ‘Wounding’
- If the skin is broken, and there was bleeding, that is a wound.
3
Q
C v Eisenhower
A
- Pellets from D’s air gun caused bruising and rupturing of internal blood vessels of V’s eye, but there was no breaking of the skin.
- S20 Actus Reus - ‘Wounding’
- There needs to be a break in the continuity of the skin.
4
Q
R v Bollom
A
- The injuries to a 17-month-year-old baby consisted of various bruises and abrasions.
- S20 Actus Reus - ‘GBH’
- Vulnerable victim of GBH.
5
Q
R v Brown and Stratton
A
- V sustained a broken nose, lost three teeth, and suffered swelling to her face, lacerations to her eye and concussion.
- Actus Reus - ‘GBH’
- Multiple ABH’s causes GBH.
6
Q
R v Burstow
A
- D engaged in harassment against V. As a result, she suffered a severe depressive illness.
- S20 Actus Reus - ‘GBH’
- Psychiatric injury.
7
Q
R v Dica
A
- D unprotected sex with woman while being HIV positive, woman became infected.
- Inflicting GBH through infection.
- S20 Actus Reus
8
Q
R v Parmenter
A
- D injured 3-month child in the air and caught him, he done this with slightly older children and didn’t realise risk of injury.
- S20 turned to S47 as didn’t foresee injury.
9
Q
R v Taylor
A
- Must have the mens rea to inflict GBH for it to satisfy a S18 offence.
10
Q
R v Morrison
A
- Prosecution must prove D either intended injury or realised a risk of injury and took that risk.
