Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Crime > Non Fatal Offences Against The Person > Flashcards

Non Fatal Offences Against The Person Flashcards

1
Q

What does subjectively reckless mean in cases of assault?

A

Foresees a risk but takes the risk anyway

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

I throw a punch at a blind man but i miss. Assault?

A

No - they cannot apprehend immediate unlawful violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Joe throws a punch at a martial expert who was never in fear. Assault?

A

Yes it is not the fear that counts but the fact that he apprehended immediate unlawful violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

I search someone and ask them if they have needles on them. They lie and say they don’t but i go on to cut myself on a needle. Assault?

A

Yes - this is deemed to be an indirect laying of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the definition of actual bodily harm?

A

Any hurt or injury calculated to interfere with either the victim’s health or comfort.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Grace is a suspended nurse. She does not tell her patient and goes on to perform a treatment. Assault?

A

No - a bogus health professional would be an assault as it is a fraud however in this case, the consent provided will remain a genuine consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

I threaten to kill Ems’s unborn baby. TTK?

A

No as it is not a person.

However if i threaten to kill Ems’ baby saying i will kill it once it is born then it will be.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can you commit torture by omission?

A

Yes it can be physical act or omissions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Abdul takes hostages in a bank. When is the offence of hostage taking complete?

A

The offence is committed when the threat is made, not when the taking is made; answer A is therefore incorrect. Although this is a crime of specific intent, the intent relates to the threat not the intention to carry out the threat;

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

I pull a car over and I’m about to do a breath test. They start downing vodka. Obstruct police?

A

Yes

Intentionally or subjectively recklessly
Resist or willfully obstruct
A Constable in the lawful execution of their duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

I am chasing a suspect. The suspect runs into a pub and the barman tells him a good place to hide down the road. Does the barman commit obstruct?

A

Yes

Intentionally or subjectively recklessly
Resists or wilfully obstructs
A Constable in the lawful execution of their duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What injuries constitute wounding?

A

Breaking the continuity of the whole of outer skin

Breaking the inner skin within the cheek, lip or urethra

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Rupturing blood vessels. Is this GBH?

A

No - it is bruising = common assault or ABH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Harry threatens to kill his unborn child once it is born. Is this a threats to kill?

A

Yes.

If it was to kill the baby prior to being born, then no.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If someone sets their dog on someone else, is this an assault?

A

Yes as it is an indirect use of force through the dog.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If police officers fail to take into account a persons disabilities and vulnerabilities when dealing with them, could it be an assault?

A

Yes - case law says that if someone has psychological trauma as a result of officer dealings it could be an assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A police officer grabs someone by the arm to question them. They do not intend to arrest them. Assault?

A

Yes - case law says that the officer risks committing an assault if they do not intend to arrest them even if an arrest at a later time would be lawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

A police officer was issuing a fixed penalty notice. The driver returns and is aggressive and irate. The officer took hold of his arm and told him to calm down. Is this an assault?

A

No - it has been held that touching someone to draw his/her attention to what was being said was acceptable by the ordinary standards of everyday life.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Could you charge assault and battery?

A

It has been held that is bad for duplicity and could result in the charge being dismissed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A druggie allows someone to stick a needle with drugs in him which causes ABH injuries. Does the person that stuck the needle in assault him?

A

Yes - although they consent to the force, the activity itself is illegal so it can’t ever be consented to.

Things like tattooing etc can be consented to.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

A 12 year old actor agrees to another actor punching him in the face. The punch causes him a black eye. Has an assault been committed?

A

Possibly.

Consent cannot be given by a child or young person if they fail to understand the true nature of the act (what is involved).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

There is a gang fight in which 5 suspects have been charged for causing ABH to a victim. Do we need to prove which injury was caused by which person?

A

No - just need to show that some injury resulting in ABH was caused by the defendant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Can fear, distress or panic amount to an ABH?

A

No - only psychiatric injury is ABH.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

A suspect is arrested however the suspect punches the officer as he didn’t think he was a police officer. Defence?

A

No - the offence does not require proof that the defendant knew or ought to have known that the victim was a Constable or acting in the execution of their duty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

A kidnap victim jumps out of a car causing serious injury to herself. Is the suspect guilty of GBH>

A

Yes.

It is all about whether the victim’s actions are reasonable ones which could have been foreseen in the circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Can we use evidence of a previous DV incident to assist a TTK prosecution?

A

Yes we can use previous assaults and history to show the defendant intended his words to be taken seriously.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

True or false - a battery can only be committed when using direct force?

A

False - it can be direct or indirect force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Does the victim have to be in fear of unlawful force for common assault?

A

No - just have to apprehend immediate unlawful violence.

Think AJ - no fear.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

during sexual intercourse, SAINSBURY punches LAKER in the face and breaks two of her front teeth. This is consensual. Assault?

A

All assaults that result in more than transient harm will be unlawful unless there is good reason for allowing the plea of ‘consent’.

30
Q

Could silent phone calls constitute a common assault?

A

Yes if they apprehend immediate unlawful violence

31
Q

What is the difference between the wording of section 18 GBH and section 20 GBH?

A

Section 20 is inflict
Section 18 is cause

Means the same.

32
Q

If Mohammed sends a letter to a widower’s home address taking the mick about her dad husband and this causes serious psychological harm, could it be a GBH?

A

Yes

33
Q

AJ takes part in an unlicensed boxing match and is injured. Could he consent to the assault?

A

No as it is unlicensed.

34
Q

We know that someone cannot consent to more than transient harm unless there is good reason. What three things must a court take into account when deciding whether it is a good reason?

A
  1. Practical consequences of their behaviour
  2. Dangerousness of their behaviour
  3. Vulnerability of the consenting person
35
Q

If a doctor goes outside an approved medical procedure and performs a trial he has heard about, could it be an assault?

A

Yes as it is no longer legitimate medical treatment.

36
Q

I am in Slough and i get beaten up for NOT being a Muslim. Is it racially agg?

A

Yes includes non membership.

37
Q

We know that if someone is beaten up and the attacker refers to the victim as a gypsy, it is racially/religiously aggravated. What about referring to them as a traveller?

A

Gypsy is automatic however traveller we still need to prove it was racially aggravated.

38
Q

If Lucy Hayes gets beaten up for being with Denze, is it racially/religiously agg?

A

Yes victim by associated included.

39
Q

Can you get a racially aggravated section 20 GBH?

A

Yes

You can’t get an 18 as it is life anyway

40
Q

Can you commit assault with intent to resist arrest if the arrest is unlawful?

A

No arrest must be lawful

41
Q

Suspect is arrested for harassment 7 months after he did it. During the arrest, he assaults me. Is it assault with intent to resist arrest?

A

No because it is out of the 6 month time limit and therefore the arrest is unlawful so no offence.

42
Q

Can obstruct police be committed just from omissions and refusing to answer a police officer?

A

refusing to answer an officer’s questions is not obstruction (Rice v Connolly [1966] 2 QB 414)”—unless the defendant was under some duty to provide information”. In this scenario the defendant was under not only a duty, but a legal requirement, to provide information.

obstruction can be caused by omission but only where the defendant was already under some duty towards the police or the officer, and by omitting to provide information that he had that he was under a duty to disclose would be evidence of ‘obstruction’ by omission;

43
Q

For speed enforcement obstruct police questions, what is important to remember?

A

In such cases, however, it is critical that you can show that those warned were “either” exceeding the legal speed limit “or” were likely to do so at the location of the speed detection.

44
Q

A volunteer assisting with an enforcement operation is obstructed. Is this obstruct police?

A

Yes

person who resists or wilfully obstructs a constable in the execution of his duty, “or a person assisting a constable in the execution of his duty”, shall be guilty of an offence.

45
Q

I know that sending letters that cause serious psychological harm can be GBH. Does the recipient have to fear violence?

A

Yes - the words have to threaten immediate unlawful violence and the victim needs to fear it would happen in the near future.

46
Q

If someone assists a store detective make an arrest and is assaulted, is this an assault with intent to resist arrest?

A

Yes as long as the arrest is lawful.

47
Q

What is the term of imprisonment for racially aggravated common assault?

A

2 years

48
Q

What is the formula to remember for common assault?

A

Suspect intent + victim belief = assault

If one is removed, no assault.

49
Q

For a common assault, what is the state of mind of the suspect?

A

Intentionally or recklessly causes a person to apprehend immediate unlawful violence.

50
Q

What must the victim’s state of mind be for a common assault?

A

They must apprehend immediate unlawful violence.

Not fear.

51
Q

If Roy threatens Hayley that he will punch her in two minutes, is this a common assault?

A

Yes if Roy has intent or is reckless and causes the victim to apprehend immediate unlawful violence- a minute or two will do.

52
Q

Frank is 100 miles away from Jane when he sends her a message saying I’m outside, I’m going to beat you up. Is this a common assault?

A

It could be if Frank intends or is reckless and causes Jane to apprehend immediate unlawful violence.

53
Q

What is the important thing to remember about Sado mas questions?

A

If it is a deliberate infliction of bodily harm for no good purpose = offence

54
Q

Can a husband consent to a section 47 from his wife?

A

No - common assault only. Anymore than transient harm.

55
Q

What is the important thing to remember about dodgy doctors and nurses and assaults?

A

If they are a suspended doctor/nurse, no assault as the consent is still true.

However if the doctor deceived them of their ID, nature of the act or quality of the act, then it is an assault.

56
Q

Can school staff lawfully chastise pupils?

A

No they can only use reasonable force in restraining violent or disruptive pupils.

57
Q

Under what circumstances can school staff use force in schools?

A

To restrain violent or disruptive pupils

58
Q

Could a babysitter lawfully chastise a child?

A

Yes - loco parentis.

59
Q

Can you get a racially aggravated section 18?

A

No

60
Q

Must the arrest be lawful for assault with intent to resist arrest?

A

Yes must be lawful.

61
Q

If a suspect assaults a police officer arresting his friend in the honest but mistaken belief that they are not police officers. Do i commit the offence of assault with intent to resist arrest?

A

No as i do not have the intent to resist arrest as i did not know they were police.

62
Q

I am arresting someone and a Granny that thinks she is helping gets in the way which means the suspect has the opportunity to run off. Has the Granny obstructed police?

A

No as it is not a wilful obstruction.

63
Q

Can obstruct police ever be committed by someone failing to answer questions?

A

Only if they under a duty to provide that information (another police officer/road traffic act etc).

64
Q

Can a messenger ever be guilty of TTK if they didn’t make the threat themselves?

A

Yes if they knew what the message said.

However think Postman posting a threatening letter - no intent, no offence.

65
Q

What is the sentence for ABH?

A

5 years same as GBH section 20.

66
Q

If someone cuts a few strands of hair, is this ABH?

A

No as this is transient and trifling. It has to be more than this.

67
Q

Does recklessly form part of the definition of GBH?

A

Yes this is what maliciously means.

68
Q

What are the offences of impersonating a Constable?

A

90 (1) - impersonated or made a statement/did an act with intent to deceive
90 (2)- wore articles calculated to deceive
90 (3) - possessed articles - no intent needed

69
Q

Is it an offence to simply possess articles of uniform if not a Constable or do you need intent as well?

A

Possessing is enough

70
Q

I know wearing articles in circumstances which made you appear to resemble being a member of a police force is an offence. Do you need intent?

A

It says ‘calculated to deceive’ which has been held to mean ‘likely to deceive’ so no intent to deceive like the other offence.

Crime (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions