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Criminal law > Unit 2: Non-fatal offences against the person > Flashcards

Unit 2: Non-fatal offences against the person Flashcards

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1
Q

R v Ireland

A

Assault (s39 CJA) - AR - Any conduct (Conduct) - Words alone suffice/silence ‘depends on facts’

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2
Q

Read v Coker

A

Assault (s39 CJA) - AR - Apprehension of immediate unlawful personal force - The threat of unlawful personal force could be conditional

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3
Q

R v Burstow

A

Assault (s39 CJA) - AR - Apprehension of immediate unlawful personal force - The threat of unlawful personal force must be immediate or could be immediate
/
Unlawful Wounding or Inflicting GBH (s20 OAPA) - AR - Conduct - Silence suffices
/
Unlawful Wounding or Inflicting GBH (s20 OAPA) - AR - GBH - Severe Psychiatric illnesses is required

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4
Q

DPP v K

A

Battery (s39 CJA) - AR - The infliction of unlawful personal force - could be made indirectly

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5
Q

R v Miller

A

Assault Occasioning ABH (s47 OAPA) - AR -ABH - no need to be serious / Bruise, cut, scratch or swelling

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6
Q

R v Donovan

A

Assault Occasioning ABH (s47 OAPA) - AR -ABH - need to be more than transient

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7
Q

T v DPP

A

Assault Occasioning ABH (s47 OAPA) - AR -ABH - Temporary loss of consciousness

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8
Q

R v Chan-Fook

A

Assault Occasioning ABH (s47 OAPA) - AR -ABH - Psychiatric illnesses suffice if there are recognizable clinical condition

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9
Q

R v Savage; R v Parmenter

A

Assault Occasioning ABH (s47 OAPA) - MR
/
Unlawful Wounding or Inflicting GBH (s20 OAPA) - MR

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10
Q

Moriarty v Brooks

A

Unlawful Wounding or Inflicting GBH (s20 OAPA) - AR - Wounding - Requires both layers of the skin to be broken

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11
Q

DPP v Smith

A

Unlawful Wounding or Inflicting GBH (s20 OAPA) - AR - GBH - ‘Really serious harm’

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12
Q

R v Konzani

A

Defences - Special defence - Consent - V knows the identity of the D, the nature and quality of the D’s conduct in giving his consent

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13
Q

Attorney-General’s Reference (No 6 of 1980)

A

Defences - Special defence - Consent - consent would be available to an assault which causes harm unless it falls under the recognized categories / Surgical operation / Dangerous exhibition

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14
Q

R v Brown

A

Defences - Special defence - Consent - recognized categories - activities must be for ‘public interests’/’good reasons’
/
Other ‘lawful activities’ (e.g. ritual circumcision, tattooing and ear-piercing)
/
but not sadomasochism

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15
Q

R v BM

A

Defences - Special defence - Consent - recognized categories - but not body modification

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16
Q

R v Barnes

A

Defences - Special defence - Consent - recognized categories - Sport

17
Q

Jones

A

Defences - Special defence - Consent - recognized categories - ‘Horseplay’

18
Q

R v Dica

A

Defences - Special defence - Consent - recognized categories - Private sexual activities

19
Q

R v Emmett

A

Defences - Special defence - Consent - recognized categories - but not sadomasochism regardless of sexual orientation

20
Q

s58 Children Act 2004

A

Reasonable Chastisement

21
Q

R v Bird

A

Defences - General defense - Self-defense - the reasonableness of the use of force - factor - Retreat is not required to prove

22
Q

R v Martin

A

Defences - General defense - Self-defense - the reasonableness of the use of force - factor - Physical character, but not psychological one

23
Q

s43(5A) CCA

A

Defences - General defense - Self-defense - the reasonableness of the use of force - factor - If it is a householder case, the use of force would be unreasonable only if it is grossly….

24
Q

Palmer v R

A

Defences - General defense - Self-defense - the reasonableness of the use of force - factor - D may not be unable to response in a too accurate/rational way

25
Q

R v Williams (Gladstone)

A

Defences - General defense - Self-defense - according to his honest believe to the circumstance

26
Q

R v O’Grady

A

Defences - General defense - Self-defense - according to his honest believe to the circumstance - no mistaken belief based on voluntary intoxication

27
Q

R v Dadson

A

Defences - General defense - Self-defense - according to his honest believe to the circumstance - cannot rely on facts of which he was unaware

Criminal law (3 decks)

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