Criminal Law: Non Fatal Offences Flashcards

1
Q

Smith v Woking Police

assault, AR

A

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

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2
Q

Ireland

assault, AR

A

D made silent phone calls to V

silence can amount to the AR of an assault

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3
Q

Tuberville v Savage

assault, AR

A

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

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4
Q

Logdon

assault, MR

A

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

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5
Q

Collins v Wilcock

battery, AR

A

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

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6
Q

Thomas

battery, AR

A

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

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7
Q

Haystead

battery, AR

A

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

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8
Q

Satana Bermudez

battery, AR

A

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

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9
Q

Venna

battery, MR

A

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

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10
Q

Miller

ABH, AR

A

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

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11
Q

Chan Fook

ABH, AR

A

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)

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12
Q

T v DPP

ABH, AR

A

D chased V causing her to fall and temporarily lose consciousness

loss of consciousness is enough for AR of ABH

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13
Q

DPP v Smith

ABH, AR

A

D cut off ex girlfriend’s ponytail

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

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14
Q

Savage

ABH, MR

A

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

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15
Q

Eisenhower

s20, AR

A

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

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16
Q

DPP v Smith

s20, AR

A

court considered the meaning of GBH in this case

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

17
Q

Brown v Stratton

s20, AR

A

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

several minor injuries can amount to GBH

18
Q

Burstow

s20, AR

A

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
Q

Dica

s20, AR

A

D infected 2 women with HIV

infecting someone with a biological disease can be GBH

20
Q

Parmenter

s20, MR

A

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
Q

Belfon

s18, MR

A

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
Q

Morrison

s18, MR

A

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