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A level Law: Criminal Law > 2.5 Non-fatal offences against a person > Flashcards

2.5 Non-fatal offences against a person Flashcards

(50 cards)

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1
Q

Assault

Actus reus

A

Any act the makes victim fear imidiate infliction of unlawful force

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2
Q

Assault

Mens rea

A

Intention to create fear, or subjective recklessness

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3
Q

Assault

What sentence does this crime carry

A

Maximum of 6 months imprisonment

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4
Q

Assault

What type of offence is Assault

A

Summary offence, only triable in the Magistrates court

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5
Q

Assault

Case illustrating the law

A

Smith v Woking Police

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6
Q

Assault

Smith v Woking police (1983) facts

A

D peaked throught a window of a young women’s house, when the women saw him she screamed and phoned the police

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7
Q

Assault

Held in Smith v Woking police (1983)

A

D was charged with assault as the victim feared ‘immediate’ danger

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8
Q

Assault

Point of law in smith v woking police (1983)

A

Act doesn’t have to be dangerous, just have to make victim fear danger

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9
Q

Assault

Possible defences for assault

A

Consent, insanity, automatism, intoxication and self defence

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10
Q

Battery

Define battery

A

The defendant intentionally or recklesslly applies unlawful force upon the victim

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11
Q

Battery

Actus reus

A

Application of unawful physical force

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12
Q

Battery

Mens rea

A

Intention to apply, or recklessness as to whetehr unlawful force will be applied

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13
Q

Battery

What sentence does this crime carry

A

Maximum of 6 months imprisonment

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14
Q

Battery

What type of offence is Battery

A

Summary offence, only triable in the Magistrates court

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15
Q

Battery

Case showing ‘recklessness’

A

R v Pamenter

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16
Q

Battery

Facts of R v Pamenter

A

D was holding a baby heavily handed, this caused the baby to suffer injuries

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17
Q

Battery

Held in R v Pamenter

A

Fulfilled the mens rea for battery

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18
Q

Battery

Point of law in R v Pamenter

A

It’s necessary to establish that D appreciated the risk. It’s not sufficient that he should have foreseen the risk

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19
Q

Battery

Case for ‘application’ (mens rea)

A

Collins v Willcocks

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20
Q

Battery

Facts of Collins v Willcocks

A

2 officers thought women was soliciting for prostitution, when she walked away the officers grabbed her arm

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21
Q

Battery

Held in Collins v Willcocks

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A

Officer had committed battery on the women

22
Q

Battery

Point of law in Collins v Willcocks

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A

Any touching of another person, however slight, may amount to battery

23
Q

Battery

Defences to battery

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A

Consent, insanity, automatism, intoxication and self defence

24
Q

ABH s.47

Actus reus

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A

Any assault or battery that causes actual bodily harm

25
ABH s.47 Mens rea
Intention or recklessness as to the assault or battery
26
ABH s.47 What are some examples of what amounts to ABH
Psychiatric injury, cutting of hair - anything that interferes with health or comfort of the victim
27
ABH s.47 What sentence does this crime carry
Maximum of 5 years imprisonment
28
ABH s.47 What type of offence is ABH
triable-either-way offence
29
ABH s.47 Case that illustrates ABH
R v Roberts (1971)
30
ABH s.47 Facts of R v Roberts
Girl jumped out of a moving car trying to excape the sexual advances of the D. She suffered concussions, bruises and cuts
31
ABH s.47 Held in R v Roberts (1971)
D had mens rea and actus reus for ABH s.47
32
ABH s.47 Point of law in R v Roberts (1971)
D's assault led to actual bodily harm
33
ABH s.47 Defences applicable to ABH s.47
Consent, Insanity, Automatism, Intoxication and Self defence
34
Wounding and GBH s.20 Actus reus
Causing unlawful wounding or GBH
35
Wounding and GBH s.20 Mens rea
intention to cause or recklessness as to causing some harm
36
Wounding and GBH s.20 What sentence does this crime hold
Maximum of 5 years imprisonment
37
Wounding and GBH s.20 What type of offence is s.20
Triable-either-way offence
38
Wounding and GBH s.20 Case that illustrates GBH s.20
R v Savage (1991)
39
Wounding and GBH s.20 R v Savage (1991) facts
D poured a pint over V's head in the pub, the glass slipped out of her hand and cut the V's wrist
40
Wounding and GBH s.20 Held in R v Savage (1991)
D fulfilled mens rea for s.20
41
Wounding and GBH s.20 Point of law in R v Savage (1991)
Not necessary to demonstrate the D had mens rea in relation to level of harm inflicted. - sufficient that intended or could foresee some harm will result
42
Wounding and GBH s.20 Defences applicable to s.20
Consent, Insanity, Automatism, Intoxication and Self defence
43
Wounding and GBH s.18 Actus reus
Causing unlawful wounding and GBH
44
Wounding and GBH s.18 Mens rea
Intention to cause serious GBH or intention to resist arrest
45
Wounding and GBH s.18 What sentence does this crime hold
Maximum life sentence
46
Wounding and GBH s.18 What type of offence is s.18
Triable-either-way
47
Wounding and GBH s.18 Case that illustrates s.18
R v Nedrick
48
Wounding and GBH s.18 Facts of R v Nedrick
D had a grudge against this women, he poured petrol through her letter box and lit it on fire. Caused a child to die
49
Wounding and GBH s.18 Held in R v Nedrick
D found guilty of murder but appealed on a misdirection of the jury - appeal was allowed
50
Wounding and GBH s.18 Point of law in R v Nedrick
Jury not allowed to infer intention unless death of serious bodily harm was a certainty of D's action and D knew it

A level Law: Criminal Law (16 decks)

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