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Law: Criminal Law > 2: Non-fatal offences > Flashcards

2: Non-fatal offences Flashcards

1
Q

What is assault charged under

A

s39 CJA 1988

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2
Q

Maximum statutory sentence for assault

A

6 months imprisonment

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3
Q

What type of offence is assault

A

Common Law

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4
Q

AR of assault

Include case

A

A physical act done by D that causes the V to apprehend immediate unlawful personal violence

R v Nelson

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5
Q

Can assault be an omission

A

No

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6
Q

R v Ireland

A

Silent phone calls can constitute assault

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7
Q

R v Constanza

A

Written or spoken words can constitute an assault

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8
Q

Tuberville v Savage

A

Words can negate an assault

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9
Q

Logdon v DPP

A

There must be apprehension (fear)

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10
Q

Smith v Supt of Woking

A

The definition of “immediate” doesn’t have to be instantaneous, can be ‘in the immediate future or imminent’

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11
Q

MR for assault

Include case

A

D must intend to make V fear immediate unlawful violence or be reckless as to whether such an apprehension is caused

R v Venna (recklessness is sufficient MR for assault)

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12
Q

What is battery charge under

A

s39 CJA 1988

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13
Q

Maximum mandatory sentence for battery

A

6 months imprisonment

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14
Q

What type of offence is battery

A

Common law

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15
Q

AR for battery

A

application of unlawful force onto V

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16
Q

Collins v Wilcock

A

“any touching of another person, however slight, may amount to battery”

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17
Q

R v Thomas

A

Touching another’s clothing can amount to battery

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18
Q

Unlawful force

A

no consent and no pain or harm

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19
Q

Can battery be indirect?

Include 2 cases

A

Yes

R v Haystead

DPP v K

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20
Q

Can battery be an omission?

Include case

A

Yes, if D is under a legal duty to act

DPP v Santa-Bermudez

21
Q

MR for battery

include case

A

intention to apply unlawful force to another OR recklessness as to whether such force is applied

R v Venna

22
Q

What is ABH charged under

A

s47 OAPA 1861

23
Q

Maximum sentence for ABH

A

5 year’s imprisonment

24
Q

Defenition of ABH

A

Assault occasioning actual bodily harm

25
Q

AR for ABH

A

common assault that causes actual bodily harm

26
Q

AR for ABH:
‘common assault’

Include cases

A

D must first commit an assault or battery

Assault: R v Nelson, R v Ireland, R v Constanza, Logdon v DPP, Smith v Supt of Woking

Battery: Collins v Wilcock, R v Thomas, R v Haystead, DPP v K, DPP v Santa-Bermudez, R v Venna

27
Q

AR for ABH:
‘occassioning’

A

means ‘causes’:

normal rules of causation apply (factual, legal, no breaks in chain)

28
Q

AR for ABH:
‘actual bodily harm’

include case

A

R v Chan Fook:

1) ‘actual’ means not so trivial as to be wholly insignificant
2) ‘harm’ is injury which goes beyond interference with the health and comfort of the V
3) ABH covers physical, psychiatric and clinical conditions but not emotions such as fear, distress or panic

29
Q

Can ABH be indirect?

Include case

A

Yes

DPP v K (indirect battery occasioning ABH)

30
Q

DPP v Smith

A

Cutting hair is sufficient for ABH

31
Q

R v Burstow

A

‘bodily harm’ includes recognisable psychiatric illness

32
Q

R(T) v DPP

A

Losing consciousness is ABH

33
Q

MR for ABH

Include 3 cases

A

the same as for the common assault (assault or battery)

R v Roberts, R v Savage, R v Parmenter:
D doesn’t have to foresee or intend the harm

34
Q

lower level of GBH

A

Malicious wounding or inflicting grievous bodily harm

35
Q

What is ‘malicious wounding or inflicting GBH’ charged under

A

s20 OAPA 1861

36
Q

AR for s20 GBH

A

wound or cause GBH

37
Q

AR for s20 GBH:
‘wound’

Include 2 cases

A

An injury by which there is a break in the continuity of the skin or causes bleeding

Moriarty v Brooks
R v Eisenhower (cannot be internal injuries)

38
Q

AR for s20 GBH:
‘grevious bodily harm’

Include 2 cases

A

GBH means ‘serious harm’ (R v Saunders)

OR

‘really serious harm’ (DPP v Smith)

39
Q

R v Dica

A

GBH includes biological harm

40
Q

R v Burstow

A

GBH includes recognisable psychiatric illness

41
Q

Can GBH be indirect?

Include case

A

Yes

R v Martin

42
Q

R v Bollom

A

V’s age and health can affect the severity of the injuries

43
Q

R v Brown & Stratton

A

Question of what amounts to really serious harm is an objective test

44
Q

MR for s20 GBH

Include 3 cases

A

Intentionally or recklessly causing ‘some harm’.
R v Mowatt

D doenst have to intend or foresee serious harm
R v Savage
R v Parmenter

45
Q

higher level of GBH

A

Malicious wounding or inflicting Grievous Bodily Harm with Intent

46
Q

what is Malicious wounding or inflicting Grievous Bodily Harm with Intent charged under?

A

s18 OAPA 1861

47
Q

AR for s18 GBH

A

Same as for s20 GBH: wound or cause GBH

48
Q

MR for s18 GBH

include cases

A

intention to cause serious harm

R v Taylor: intention to wound is not enough

R v Belfon: Recklessness is insufficient for s18 GBH

Law: Criminal Law (9 decks)

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