Criminal Justice Act 1988 Evaluation Flashcards
(22 cards)
What act and section number do assault and battery come under?
S.39 Criminal Justice Act 1988
What offences come under S.39 Criminal Justice Act 1988?
Assault
Battery
What is the POL from R vs Lamb?
No fear = No assault
What case states that no fear = no assault?
R vs Lamb
What is the POL from Tuberville vs Savage?
Words can cancel an assault
What case states that words can cancel an assault?
Tuberville vs Savage
What is the POL from Smith vs Chief Superintendent of Woking Police Station?
Fearing the possibility of immediate force is enough for assault
What case states that fearing the possibility of immediate force is enough for assault?
Smith vs Chief Superintendent of Woking Police Station
What is the POL from R vs Ireland?
Silent phone calls can constitute a assault
What case states that silent phone calls can constitute an assault?
R vs Ireland
What is the POL from R vs Mohan?
Direct intention is where the offence was D’s aim or purpose
What is the case for direct intention?
R vs Mohan
What is the POL from R vs Cunningham?
Cunningham Recklessness - Did the D foresee there was a risk but take it anyway
What is the POL from R vs Thomas?
Touching clothes can be a battery
What is the POL from R vs Haystead?
A battery can be an indirect act
What is the POL from R vs Braham?
Battery can arise even when D thought their actions were affectionate
What is the POL from R vs Venna?
Recklessness is a sufficient MR for battery
What is the first AO3 point for a Criminal Justice Act 1988 Essay?
Problems with modernness - Tuberville vs Savage - No-one carries swords around with them anymore and can words now actually cancel an assault?
What is the second AO3 point for a Criminal Justice Act 1988 Essay?
Ambiguous definition - ‘apprehension of immediate force’ - creates problems with immediacy and what situations can count as immediate - R vs Ireland + R vs Constanza + Smith vs CSIWPS can lead to unfair and confusing outcomes
What is the third AO3 point for a Criminal Justice Act 1988 Essay?
Is it fair that assault and battery have the same max sentence when battery includes a touch and assault doesn’t
What is the final AO3 point for a Criminal Justice Act 1988 Essay?
Development through case law - R vs Haystead - that a battery can be indirect is good as it has moved with society however is undemocratic
What are the reforms for a Criminal Justice Act 1988 Essay
Reforms - Law Commission Report 2015 recommended that battery changes to physical assault and assault changes to threatened assault to improve clarity. The MR would stay the same and an additional offence of aggravated assault would be added when there is some injury
