Criminal Law: Non Fatal Offences Flashcards Preview

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Flashcards in Criminal Law: Non Fatal Offences Deck (22):
1

Smith v Woking Police

(assault, AR)

D looked at V through a window at night

assault can be through a window if V fears that D is about to be enter and be violent, therefore D had the AR of assault

2

Ireland

(assault, AR)

D made silent phone calls to V

silence can amount to the AR of an assault

3

Tuberville v Savage

(assault, AR)

D put his hand on his sword and said “if it were not assize time i would not take such language from you”

words can prevent a gesture from being an assault

4

Logdon

(assault, MR)

D pointed an imitation gun at V in jest, she was terrified and D then told her it was not real

D had recklessly caused V to apprehend violence, it was irrelevant that D did not intend to carry out the threat — he still caused her fear

5

Collins v Wilcock

(battery, AR)

police officer held a woman’s arm to prevent her walking away

any touching can be battery, in this case D had no right to touch V as it was not a lawful arrest

6

Thomas

(battery, AR)

school caretaker touched the hem of a girl’s skirt

touching someone’s clothes can be a battery as it is equivalent to touching them

7

Haystead

(battery, AR)

D punched girlfriend and caused her to drop the baby on the floor

D was convicted of battery on the baby as an indirect act is enough for the AR of battery

8

Satana Bermudez

(battery, AR)

D failed to tell a police officer that he had a needle in his pocket, the PO was injured when searching him

an omission is sufficient for the actus reus of assault

9

Venna

(battery, MR)

D struggled with a police officer arresting him and was judged to have committed battery recklessly

D had the MR of battery as they had recklessly applied force to another person

10

Miller

(ABH, AR)

domestic abuse case

ruled that ABH includes any injury that interferes with the “health or comfort” of the victim provided it is more than trivial

11

Chan Fook

(ABH, AR)

D locked V inside a flat and V suffered injury after escaping from the upstairs window

ruled that ABH includes psychiatric injury but does not cover mere emotions such as fear, there must be some “identifiable clinical condition)

12

T v DPP

(ABH, AR)

D chased V causing her to fall and temporarily lose consciousness

loss of consciousness is enough for AR of ABH

13

DPP v Smith

(ABH, AR)

D cut off ex girlfriend’s ponytail

cutting off a substantial amount of hair is enough for the AR of ABH

14

Savage

(ABH, MR)

D threw beer over a woman in a pub, the glass slipped and cut V but D argued that they did not intend or realise there was risk of injuring V

D was guilty of ABH as all that’s required is the MR of assault or battery, D does not need to intend ABH

by throwing the drink, D intentionally committed battery

15

Eisenhower

(s20, AR)

V was hit in the eye which caused internal bleeding

wounding requires 2 layers of skin to be broken and does not include internal bleeding so D did not have the AR of wounding

16

DPP v Smith

(s20, AR)

court considered the meaning of GBH in this case

defined it as “really serious harm” such as broken limbs, dislocations and permanent disability

17

Brown v Stratton

(s20, AR)

D attacked V causing a broken nose, 3 lost teeth and a concussion

several minor injuries can amount to GBH

18

Burstow

(s20, AR)

D made threatening phone calls, stalked, sent letters and stole washing from V. this resulted in V developing depression

inflicting GBH is the same as causing it and GBH includes psychiatric injury

19

Dica

(s20, AR)

D infected 2 women with HIV

infecting someone with a biological disease can be GBH

20

Parmenter

(s20, MR)

D threw 3 month old baby into the air and caught him, D did not realise there was any risk of injury

D must foresee the risk of some harm but need not intend or foresee serious injury

21

Belfon

(s18, MR)

D slashed a man with a razor, causing severe wounds to his head and chest

D intended to cause serious harm so had the MR of s18

22

Morrison

(s18, MR)

D resisted arrest by diving through a window, dragging the officer into broken glass

D was convicted of s18 as he had the MR to be reckless as to some injury — D foresaw that his actions of resisting arrest might cause some harm