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The Legal System ad Criminal Law > Non-fatal offences against the person > Flashcards

Non-fatal offences against the person Flashcards

1
Q

Define assault.

A

Any act by which a person intentionally or recklessly causes another to suffer or apprehend imminent unlawful violence.

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2
Q

What section of what act does assault come under?

A

Section 39 of the Criminal Justice Act 1988.

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3
Q

What are the charges for assault?

A

Up to six months imprisonment.

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4
Q

What do the joint charging standards look for in cases of assault?

A

Mild psychiatric damage, but no physical injury.

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5
Q

What is the actus reus of assault?

A

Causing the victim to apprehend immediate unlawful violence.

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6
Q

Define “causing” in relation to ‘causing the victim to apprehend immediate unlawful violence’.

A

Words, actions, or silence.

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7
Q

What is the mens rea of assault?

A

Intentionally or recklessly causing the actus reus.

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8
Q

Name four cases that can be used for the actus reus of assault.

A

Read v Coker,
Ireland,
Contanza,
and Ramos.

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9
Q

Name two cases that can be used for the mens rea of assault.

A

Mohan and Cunningham.

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10
Q

Define battery.

A

Unlawful contact with the victim.

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11
Q

What section of what act does battery come under?

A

Section 39 of the Criminal Justice Act 1988.

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12
Q

What are the charges for battery?

A

Up to six months imprisonment.

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13
Q

What do the joint charging standards look for in battery cases?

A

Reddening of the skin, bruising, and superficial scratches.

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14
Q

What is the actus reus of battery?

A

Application of unlawful force on the victim (any touching is sufficient even clothing).

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15
Q

What is the mens rea of battery?

A

Intentionally or recklessly causing the actus reus.

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16
Q

Name four cases that can be used for the actus reus of battery.

A

Thomas,
Collins v Willcock,
Haystead,
and DPP v K

17
Q

Name two cases that can be used for the mens rea of battery.

A

Mohan and Cunningham.

18
Q

Define ABH.

A

When a person intentionally or recklessly assaults another, occasioning actual bodily harm.

19
Q

What section of what act does ABH come under?

A

Section 47 of the Offences Against the Person Act 1861.

20
Q

What are the charges for ABH?

A

Up to five years imprisonment.

21
Q

What do the joint charging standards look for in cases of ABH?

A

Broken bones, internal injuries, and psychiatric damage.

22
Q

What is the actus reus of ABH?

A

An assault or battery occasioning actual bodily harm.

23
Q

Name four cases that can be used for the actus reus of ABH.

A

Miller,
Chan-fook,
Ireland,
and Burstow.

24
Q

What is the mens rea of ABH?

A

The mens rea for the original assault or battery.

25
Q

Define malicious wounding.

A

Breaking both layers of skin.

26
Q

Name one case that can be used for malicious wounding.

A

Eisenhower.

27
Q

Define GBH.

A

Serious physical or psychiatric injury.

28
Q

What are the consequences of wounding and GBH?

A

Wounding = breaking both layers of skin.
GBH = serious injury

29
Q

What section of what act does wounding and GBH come under?

A

Section 20 of the Offences Against the Person Act 1861.

30
Q

What is the actus reus of wounding?

A

Breaking both layers of skin.

31
Q

What is the actus reus of GBH?

A

Serious physical or psychiatric injury, or the transmission of disease.

32
Q

What is the mens rea for wounding?

A

Intentionally or recklessly causing some harm.

33
Q

What is the mens rea for GBH?

A

Intention to cause serious harm only. Direct or oblique intention.

34
Q

Name six cases that can be used for the actus reas of wounding and GBH.

A

Eisenhower,
Ireland,
Burstow,
Dica,
and Konzani.

35
Q

Name three cases that can be used for the mens rea of wounding and GBH.

A

Mowatt,
Nedrick,
and Woolin.

The Legal System ad Criminal Law (20 decks)

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