PAPER 1: Section B: Non Fatal Offences against the Person [COMPLETE] Flashcards

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1
Q

1) Give the following facts about assault - Act name, type of offence, prison sentence

A

Criminal Justice Act 1988 s.39 - An assault is a summary offence and is the least serious offence of the CJ act. The maximum sentence is 6 months imprisonment OR £5,000 fine.

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2
Q

2) What’s a common assault?

A

When an assault and a battery happens at the same time.

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3
Q

3) Define assault.

A

Criminal Justice Act 1988 s.39 states that ‘an assault is the intentional or reckless causing of an apprehension of immediate unlawful personal violence’.

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4
Q

4) What is the actus reus of assault?

A

‘apprehension of immediate infliction of unlawful
violence’

  • In other words, it’s any act or omission that causes the victim to believe unlawful force is going to be used against them.
  • Force doesn’t have to be applied. It can be waving a fist at someone aggressively or aiming a gun.
  • Even if the defendant meant his threat to be a joke, an assault can still be committed if the victim apprehends immediate violence.
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5
Q

5) What are THREE relevant cases to the actus reus of assault?
[HINT: replica, window, silence]

A

R v LOGDON - The victim apprehended immediate physical violence and D was reckless to acknowledge if the V would fear a replica gun.
SMITH v Chief Superintendent of Woking Police Station - V feared apprehended immediate physical violence as D peered through her window every night.
R v IRELAND - Words alone or even silence can count as an assault as D caused V psychiatric injury as she apprehended immediate application of violence via these constant silent phone calls.

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6
Q

6) What is the mens rea of assault?

A

Intentionally causing the victim to apprehend unlawful and immediate violence OR recklessly causing apprehension.

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7
Q

What is a relevant CASE to the mens rea of assault?

A

Smith v Woking

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8
Q

8) Give the following facts about battery - Act name, type of offence, prison sentence.

A

Criminal Justice Act 1988 s.39 - Battery is a summary offence and is the second least serious offence of the CJ act. The maximum sentence is 6 months imprisonment or a £5k fine.

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9
Q

9) Define battery.

A

Criminal Justice Act 1988 s.39 states that battery is ‘intentionally or recklessly unlawful application of force by the defendant upon the victim’.

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10
Q

10) What is the actus reus of battery?

A

‘unlawful application of force to another’

  • Force can be very slight and touching a person’s clothes may be sufficient.
  • Battery is usually when someone slaps someone or throwing a drink at someone.
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11
Q

11) What are THREE relevant cases of the mens rea of battery?
[HINT: clothes, continuing act, indirect]

A

R v THOMAS - Touching clothes is sufficient for battery.
FAGAN v MPC - Battery is a continuing act and omissions can’t be used.
R v HAYSTEAD - Possible to cause a battery through an indirect force on another source ie an baby in a womb.

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12
Q

12) What is the mens rea of battery?

A

Intentionally or recklessly applied force on the victim.

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13
Q

13) What’s a relevant CASE to the mens rea of battery? [hint: police]

A

R v VENNA - Recklessly struggled with the police and caused him harm. He knew him the way he was resisting could harm the police officer.

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14
Q

14) Give the following facts about ABH - Act name, type of offence, prison sentence.

A

s.47 Offences against the Person Act - ABH is a triable either way act. The maximum sentence is 5 years imprisonment.

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15
Q

Define ABH

A

Assault or battery occasioning ABH
- Occasioning simply means to cause, so causation.
- Injuries include broken tooth, loss of consciousness,
minor cuts requiring medical treatment (stitches),
minor fractures and extensive bruising.

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16
Q

16) What is the actus reus of ABH?

A

‘An assault or a battery occasioning actual bodily harm.’

Two ways can it can be satisfied:

  • Assault occasioning actual bodily harm
  • Battery occasioning actual bodily harm.
17
Q

17) What are THREE relevant cases to the actus reus of ABH?

A

R v Roberts - D had the mens rea of battery and occasioned ABH, so this sufficed. Occasioning = causation.
R v Chan-Fook - Psychiatric harm counts as ABH.
R v Smith - This extended the ABH injuries to simple hair cutting as the hair counts as part of the body.

18
Q

18) What is the mens rea of ABH?

A

IDENTICAL TO THE MENS REA OF ASSAULT OR BATTERY DEPENDING WHICH ONE OCCASIONED ABH

Assault MR - Intentionally or recklessly making the victim apprehend immediate unlawful violence.

Battery MR - Intentionally or recklessly applying force.

19
Q

19) What are The TWO relevant CASES for the mens rea of ABH?
[HINT: Megan Thee Stallion, baby]

A

R v Savage - D intended to cause battery by throwing a drink, sufficient MR for ABH.

R v Paramenter - D wasn’t used to handling babies and didn’t intend to harm the baby. The defendant appreciated the risk and it was not sufficient that he should have foreseen a risk of injury

20
Q

20) Give the following facts about GBH s.20 - Act name, type of offence, prison sentence.

A

s.20 of the Offences Against the Person Act - GBH s.20 is a triable either way offence and the maximum prison sentence is 5 years.

21
Q

21) Define s.20 GBH

A

Whosoever shall unlawfully and maliciously wound or

inflict any grievous bodily harm on any other person.

22
Q

22) What is the actus reus of s.20 GBH?

A

‘Malicious wounding or inflicting grievous bodily harm unlawfully’

  • Must be unlawful, meaning the V didn’t consent.
  • Must cause a wound.
23
Q

23) What are THREE cases of the actus reus of GBH s.20/s.18?

A

JCC vs Eisenhower - Must break all layers of the skin and usually causes blood loss. Internal bleeding and bruising DOES NOT count.

R v Burstow - Court extended the harm to involve serious psychological harm.

Brown v Stratton - Attacked a victim and causes a broken nose, three lost teeth and a concussion. Collective injuries is a GBH s.20.

24
Q

24) What is the mens rea of s.20 GBH and it’s relevant CASES?
[hint: Megan Thee Stallion, baby]

A

Intentionally or recklessly causing harm.

R v Savage & R v Paramenter

25
Q

25) Give the following facts about GBH s.18 - Act name, type of offence, prison sentence.

A

s.18 Offences Against the Person Act - s.18 GBH is an indictable offence and carries a maximum life imprisonment.

26
Q

26) What is the actus reus of s.18 GBH?

A

‘Malicious wounding or inflicting grievous bodily harm unlawfully’

  • Must be unlawful, meaning the V didn’t consent.
  • Must cause a wound.

remember case law is the same to s.20 (eisenhower, burstow)

27
Q

27) What is the mens rea of s.18 GBH?

A

Intention to cause GBH

28
Q

28) What is a relevant CASE to s.18 GBH mens rea? [hint:razor]

A

R v BELFON - By slashing V’s face with a razor, D forsaw such harm was likely to happen or they’d be reckless to forsee that harm would occur.

(can also use s.20 case law, savage / paramenter)