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Law Paper 1 - Criminal > B4 - Non Fatal Offences > Flashcards

B4 - Non Fatal Offences Flashcards

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1
Q

ASSULT steps

A

intro - common law, sentencing in s.39 Criminal Justice act 1988
1- AR - must be an act
2- AR - v AIUF
3- AR - immediate
4- MR - intent to make v AIUF
5- MR - reckless to make v AIUF

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2
Q

NFOs
what is common assult

A

assult and battery

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3
Q

NFO
what section/ act are assult and battery under

A

s.39 Criminal Justice Act 1988

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4
Q

ASSULT intro

A

assult is a common law offence, with the sentencing set out in s.39 of the criminal justice act 1988

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5
Q

ASSULT
What is the AR

A

must be an act, not omission
the act must cause V to apprehend (fear) immediate unlawful force

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6
Q

ASSULT
what are the 2 cases for it being an act

A

constanza
ireland/ burstow

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7
Q

ASSULT
what happened in and what did constanza establish

A

D send hundreds of love letters - shows words alone can amount to an act

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8
Q

ASSULT
what did ireland/ barstow establish and what happened

A

Ds called and breathed heavily down phone, causing psychological damage
established silence/ heavy breathing can be an act

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9
Q

ASSULT
what is the case for the apprehend part of AR

A

Tuberville V Savage

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10
Q

ASSULT
what happened and what did tuberville v savage establish

A

ā€œif it were not assize timeā€ - couldnā€™t apprehend as it was assize time
wording can cancel out an assult

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11
Q

ASSULT
what is the case showing the meaning of immediate

A

Smith

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12
Q

ASSULT
what happened in smith and what did it establish

A

man staring through window
immediate means imminent (sometime very soon), not instant

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13
Q

ASSULT
what is the MR

A

intention or subjective recklessness to cause V to fear personal violence

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14
Q

ASSULT
what is the case for MR

A

London V DPP
d pointed fake gun at v
V did AIUF, D was reckless as to whether she would fear violence

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15
Q

ASSULT
what type of injury would V have for assult

A

no injury but felt fear

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16
Q

BATTERY Steps

A

intro - common law, sentencing set out in s.39 CJA 1988, some touching has implied consent
1- AR- act or omission
2- AR- unlawful force
3- AR- direct/indirect
4- MR- intends to apply unlawful force
5- reckless to apply unlawful force

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17
Q

BATTERY intro

A

battery is a common law offence, with the sentencing set out under s.39 of the criminal justice act 1988

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18
Q

Battery
what is the AR

A

application of unlawful force on another person, can be an act or omission, and direct or indirect

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19
Q

BATTERY
what is the case showing battery can be an omission

A

santa bermudez

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20
Q

BATTERY
what happened in santa bermudez and what did it establish

A

D didnā€™t tell police he had a drug needle in pocket when asked
established an omission can be a battery

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21
Q

BATTERY
which case established it can be direct or indirect

A

DPP V K

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22
Q

BATTERY
What happened in DPP V K and what did it establish

A

d put acid in hand dryer and burned another student causing ABH
established battery can be through an indirect act

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23
Q

BATTERY
what is the meaning of force

A

a slight touch without consent

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24
Q

BATTERY
what is the exception for touching

Study These Flashcards
A

some touching has implied consent, like bumping in a crowded place, or tapping for attention

25
BATTERY what is the case for unlawful force
Thomas
26
BATTERY what happened in Thomas and what did it establish
d touched girls skirts touching someoneā€™s clothes while theyā€™re wearing them is equivalent to touching them
27
BATTERY what is the MR
intention or subjective recklessness to apply force
28
BATTERY what is the case for MR
Fagan V MPC
29
BATTERY what happened in FAgan V MPC and what did it establish
d ran over polices foot and wouldnā€™t move off Intent to apply force can be committed after AR if its a continuing act
30
Battery what type of injury
no injury but touched
31
ASSULT BATTERY what is the test for recklessness
1- d took an injustified risk 2- d was aware of risk and carried on regardless
32
ABH steps
intro - common law, set out in s.47 OAPA 1861 1- AR - assult or battery 2- occasioning ABH 3- AHD definition 4- Intent for assult/ battery 5- reckless for assult/ battery
33
ABH which act set out sentancing
s.47 OAPA 1861
34
ABH intro
abh is a common law offence, with the sentancing set out in s.47 OAPA 1861
35
what type of offence is ABH and what is the max sentancing
TEW offence max 5 yrs
36
ABH what is the AR
assult or battery occasioning ABH
37
what is the meaning of ABH
hurt or injury that interferes with the health or comfort of the victim
38
examples of ABH injuries
broken nose cut hair bruise
39
MR for ABH
intention or subjective recklessness for the original assult or battery
40
41
case example for assult causing ABH
constanza and ireland
42
case examples for battery causing ABH
DPP or Fagan
43
case for ā€˜occasioning ABHā€™
T v DPP - temporary loss of consciousness can be ABH
44
case for definition of ABH and what did it establish
DPP v Smith - cut hair - physical pain is not a necessary ingredient
45
gbh and wounding steps
intro - gbh and wounding is set out in s.20 and s.18 OAPA 1861 1- define wounding 2- define gbh 3- AR s.18 and 20 4- MR - s.20 some harm 5- MR - s.18 serious harm/ arrest
46
definition of wounding
direct or indirect act that severs the inner and outer layer of skin
47
wounding rule around weapons
can be with/ without weapon. animal can count as a weapon
48
case for wounding and what happened
eisenhower - shot in eye with air gun - NG as bleeding was only under surface of eye
49
definition of gbh
serious harm
50
examples of gbh
severe psychological harm, broken bones, internal bleeding
51
what is the AR of s.18 and s.20 gbh/ wounding
D must wound or inflict/ cause GBH upon V
52
MR of s.20
intention or subjective recklessness for some harm
53
MR for s.18 wounding/ gbh
intention for serious harm or to resist/ prevent a lawful arrest
54
3 cases for s.20
burstow brown dica
55
3 cases for s.18
taylor rowe morrison
56
what happened in taylor - s.18
d intended to scratch V , therefore intended some harm, not serious and was NG of s.18
57
what happened in dica - s.20
didnā€™t tell woman he had HIV
58
what happened in rowe
intentionally tried to spread HIV to 10 ppl
59
what happened in morrison - s.18
tried to escape arrest by jumping out window and dragged police with him - guilty

Law Paper 1 - Criminal (10 decks)

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