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End of year exams > Law paper 1 > Flashcards

Law paper 1 Flashcards

1
Q

What is the AR for battery?

A

The application of unlawful force/violence

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2
Q

What is the AR for assault?

A

Causing V to apprehend the use of immediate unlawful force

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3
Q

What is the MR for battery?

A

Intention or recklessness as to applying unlawful force

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4
Q

What is the MR for assault?

A

Intention or recklessness as to causing V to fear unlawful force/violence

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5
Q

What is the AR for s47?

A

Assault or battery leading to actual bodily harm

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6
Q

What is the MR for s47?

A

Intention or recklessness as to causing V fear of unlawful force or applying unlawful force

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7
Q

What is the AR for s20?

A

Wounding or causing grievous bodily harm

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8
Q

What is the MR for s20?

A

Intention or recklessness as to causing some harm

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9
Q

What is the AR for s18?

A

Wounding or causing grievous bodily harm

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10
Q

What is the MR for s18?

A

Specific intention to cause grievous bodily harm or prevent arrest

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11
Q

What is a common assault? What case stated this?

A

When D does something of a physical kind which causes someone else to apprehend that they are about to be struck - R v Nelson

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12
Q

Can assault be done through omission?

A

No

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13
Q

Which case held that letters could amount to an assault?

A

R v Constanza

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14
Q

What was the point of law in R v Nelson?

A

Common assault is when D does something of a physical kind which causes someone else to apprehend that they are about to be struck

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15
Q

What was the point of law in R v Constanza?

A

Assault can be in written form - letters can amount to an assault

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16
Q

What was the point of law in R v Ireland?

A

Silent phone calls can amount to an assault

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17
Q

What was the point of law in R v Lamb?

A

If the other person does not fear violence, e.g. they think a gun being pointed at them is unloaded, there is no assault.

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18
Q

What was held in Smith v Woking Police?

A

Fear of immediate force is necessary but this only means it needs to be ‘imminent’.

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19
Q

Which case held that fear of force should be imminent?

A

Smith v Woking Police

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20
Q

Which case held that there is no assault if there is no fear of violence?

A

R v Lamb

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21
Q

Which case held that silent phone calls can amount to an assault?

A

R v Ireland

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22
Q

What was the point of law in Tuberville v Savage?

A

If D uses language that shows they are not going to use unlawful force, there cannot be fear of force and so no assault

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23
Q

What case decided that words which indicate no violence will not be an assault?

A

Tuberville v Savage

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24
Q

What was held in R v Light?

A

Whether words that indicate no violence amount to an assault or not depends on the circumstances of the case

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25
Q

What case contradicts Tuberville v Savage?

A

R v Light

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26
Q

What must be mentioned about the unlawfulness of the force threatened?

A

It must not have been in self defence or consented to

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27
Q

What does it mean that the test for recklessness is subjective?

A

Where D realises the risks of his actions

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28
Q

What is the test for recklessness?

A

Subjective

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29
Q

What cases set out what unlawful force is?

A
  • Collins v Wilcock
  • Wood (Fraser) v DPP
  • R v Thomas
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30
Q

What was the point of law in Collins v Wilcock?

A

Even the slightest touching can amount to unlawful force

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31
Q

What was the point of law in R v Thomas?

A

Touching someone’s clothes can amount to unlawful force

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32
Q

Which case set out that touching clothing can amount to unlawful force?

A

R v Thomas

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33
Q

Which case stated that even the slightest touching can amount to unlawful force?

A

Collins v Wilcock

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34
Q

Which case stated that physical restraint was unlawful force?

A

Wood v DPP

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35
Q

What was the point of law in Wood v DPP?

A

Physical restraint without arrest is unlawful force

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36
Q

Can a battery be committed through a continuing act? Which case sets this out?

A

Yes

Fagan v Met Police Commissioner

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37
Q

What was the point of law in Fagan v Met Police?

A

A battery can be committed through a continuing act

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38
Q

Which cases are about indirect acts?

A
  • R v Martin

- DPP v K

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39
Q

What was the point of law in R v Martin?

A

Non-fatal offences can be committed through indirect acts

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40
Q

What was the point of law in DPP v K?

A

Common assault can be committed through an indirect act

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41
Q

Which case held that common assault can be committed through an indirect act?

A

DPP v K

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42
Q

Which case held that non-fatal offences can be committed through an indirect act?

A

R v Martin

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43
Q

Can omissions amount to a battery?

A

Yes if there is a duty to act

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44
Q

Which cases held that omissions can amount to battery?

A
  • DPP v Santa-Bermudez

- R v Miller

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45
Q

What was the point of law in DPP v Santa-Bermudez?

A

Omissions can create liability where there was a duty to act

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46
Q

What is the definition of actual bodily harm? What case set this out?

A

Any hurt or injury calculated to interfere with the health and comfort of the victim - R v Miller

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47
Q

Which case set out that loss of consciousness is actual bodily harm?

A

T v DPP

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48
Q

What was the point of law in T v DPP?

A

Loss of consciousness can amount to actual bodily harm

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49
Q

Which case held that cutting hair can amount to actual bodily harm?

A

DPP v Smith

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50
Q

What was the point of law in DPP v Smith

A

Cutting off a substantial amount of hair can amount to actual bodily harm and physical pain necessary

51
Q

Which case held that physical pain was not necessary for actual bodily harm?

A

DPP v Smith

52
Q

Which cases set out that actual bodily harm includes psychiatric injury?

A
  • R v Chan Fook

- R v Burstow

53
Q

What was the point of law in R v Chan Fook?

A

Actual bodily harm doesn’t include fear, distress or panic but does include clinical conditions

54
Q

What was the point of law in R v Burstow?

A

Bodily harm (s47, s20, s18) includes recognisable psychiatric illnesses

55
Q

Which case held that bodily harm includes psychiatric illness?

A

R v Burstow

56
Q

Which case held that feelings of fear, distress and panic do not amount to ABH?

A

R v Chan Fook

57
Q

Which cases set out the mens rea for s47?

A
  • R v Roberts
  • R v Savage
  • R v Parmenter
58
Q

What was the point of law in R v Roberts?

A

The MR for s47 is the MR for common assault. D doesn’t need to intend or be reckless as to causing actual bodily harm

59
Q

What was the point of law in R v Savage?

A

Intention to apply unlawful force is enough to suffice the MR for s47

60
Q

What was the point of law in R v Parmenter?

A

D need only have the MR for common assault for a s47 offence

61
Q

What is the definition of a wound? What case did this come from?

A

A cut or break in the continuity of the whole skin - JCC v Eisenhower

62
Q

What was the point of law in R v Wood?

A

Broken bones do not amount to a wound if there is no break in the skin

63
Q

What is the definition of grievous bodily harm? Which case set this out?

A

Really serious harm - DPP v Smith

64
Q

What was the point of law in DPP v Smith?

A

Grievous bodily harm simply means really serious harm

65
Q

What was the point of law in R v Saunders?

A

The jury can be directed by using only ‘serious harm’

66
Q

Which case set out that the jury can be directed using the phrase ‘serious harm’ for GBH?

A

R v Saunders

67
Q

Which case set out that Vs age and health should be considered in discussing the severity of harm?

A

R v Bollom

68
Q

What was the point of law in R v Bollom?

A

The severity of harm should be assessed based on the victim’s age and health

69
Q

Which case set out that psychiatric harm can be grievous bodily harm?

A

R v Burstow

70
Q

What was the point of law in R v Dica?

A

Non-consensual spreading of disease such as HIV can amount to grievous bodily harm

71
Q

Which case set out that threats can be considered a technical assault?

A

R v Lewis

72
Q

What was the point of law in R v Lewis?

A

A section 20 must include a technical assault which can include threats

73
Q

Which case set out that ‘inflict’ doesn’t require a technical assault?

A

R v Burstow

74
Q

What was held in R v Burstow about the meaning of ‘inflict’ in s20?

A

It doesn’t require a technical assault or a battery

75
Q

What is consent?

A

When the victim agrees to suffer an injury

76
Q

What was held in R v Donovan?

A

If someone consents to being touched, there is no battery

77
Q

What was held in R v Slingsby?

A

If there was consent to touching, there was no battery, and therefore no unlawful act.

78
Q

Which cases held that consent to touching means there is no battery?

A
  • R v Donovan

- R v Slingsby

79
Q

What should be discussed in a scenario question for consent?

A
  • If the consent was real
  • If there was informed consent
  • The level of injury
  • If it is in the public’s interest to allow consent to be used as a defence
  • If the consent was mistakenly but genuinely believed
80
Q

What must the consent be?

A

Real

81
Q

Which case set out that consent obtained through fraud or deception was not real consent?

A

R v Tabassum

82
Q

What was the point of law in R v Tabassum?

A

The consent must be real - not to include consent obtained through fraud or deception

83
Q

Which case set out that ill-informed consent is not real consent?

A

R v Dica

84
Q

Which case set out that consent given through fear is not real consent?

A

R v Olugboja

85
Q

What was the point of law in R v Dica?

A

V must know the risks to be able to give real consent

86
Q

What was the point of law in R v Olugboja?

A

Consent obtained through fear is not real consent

87
Q

Which cases held that D must inform V of any infectious diseases to gain real consent?

A
  • R v Dica

- R v Golding

88
Q

Which case set out that everyday jostling’s were impliedly consented to?

A

Wilson v Pringle

89
Q

What was the point of law in Wilson v Pringle?

A

Everyday jostling’s are not a battery because implied consent was given

90
Q

What was the point of law in R v Barnes?

A

Implied consent is given in sports games and activities to anything within the rules of the sport or game

91
Q

What was the point of law in AG’s Reference?

A

Consent is not a defence to a s47 offence unless it was obtained through:

  • properly conducted game or sport
  • lawful chastisement or correction
  • reasonable surgical interference
  • dangerous exhibitions
  • etc.

It is down to the judge to decide based on the facts of each case with public policy considerations

92
Q

Which case set out the exceptions to s47s not being a defence?

A

AG’s Reference

93
Q

What was the point of law in R v Brown?

A

Sado-masochistic acts done in private by homosexuals even when no medical attention was required are not acts that the defence of consent can be used against.

94
Q

What was the point of law in R v Wilson?

A

Branding with a hot knife (between a hetero couple) can be consented to even when medical attention was required. It was held that it is not in the interest of the public to criminalise such behaviour.

95
Q

Which case set out that it is not in the interest of the public for consent to be used for sado-masochism?

A

R v Brown

96
Q

Which case set out that it is not in the public’s interest to criminalise consensual branding in a heterosexual couple relationship?

A

R v Wilson

97
Q

Which contrasting cases set out when consent can be used with regard to private sexual activity?

A
  • R v Brown
  • R v Wilson
  • R v Emmett
98
Q

What was the point of law in R v Jones?

A

Mistaken belief consent in rough horseplay is classed as lawful consent

99
Q

What was the point of law in R v Aitken?

A

Where the mistaken belief consent led to s20 injuries, it is for the jury to decide whether consent can be used as a defence

100
Q

What was the point of law in R v Emmett?

A

Consent is not a defence when the harm caused is more than ‘transient and trivial’

101
Q

What do injuries have to be more than for consent not to be available?

A

Transient and trivial

102
Q

Which case set out that harm must be more than ‘transient and trivial’ for consent to be unavailable as a defence?

A

R v Emmett

103
Q

Which cases set out the law on mistaken belief?

A
  • R v Jones

- R v Aitken

104
Q

Which case looked at horseplay?

A

R v Jones

105
Q

Which case held that it is for the jury to decide whether consent can be used for a s20 offence where there was mistaken belief?

A

R v Aitken

106
Q

What type of defence is consent?

A

Common law defence

107
Q

What was the POL in R v DPP (Dianne Pretty)?

A

Killing cannot be consented to

108
Q

Evaluate the POL in R v DPP (Dianne Pretty)?

A
  • Suicide isn’t illegal so assisting someone to do so shouldn’t be
  • Immoral to keep someone alive in pain
  • Immoral to go against someone’s wishes
  • Public policy limitations: cost of keeping someone of high dependency alive
    + In the best interest of the public
    + Prevents abuse of the law
    + Would be hard to prove
109
Q

Which consent cases demonstrate inconsistency and bias?

A
  • R v Wilson
  • R v Brown
  • R v Emmett
110
Q

Why is the law on consent important and fit for purpose?

A
  • Everyday jostling’s

- Contact sports

111
Q

Why is implied consent so important (everyday jostling’s)?

A

+ Saves the court time and money
+ Services would be overloaded
+ Not enough lawyers/legal personnel
+ May prevent people from going out in busy areas (not good for economy)
+ Balances public policy and legal principle

112
Q

What is a drawback to the law on everyday jostling’s?

A

People may abuse the law by trying to pass an intended battery off as something that was impliedly consented to.

113
Q

In which section of OAPA 1861 was the word ‘maliciously’ used?

A

s20

114
Q

What was held to be the meaning of maliciously? (use 2 cases to explain)

A

Cunningham - Either an intention to do the harm that was done or recklessness as to whether that harm was done.
Parmenter - Confirmed the Cunningham definition of ‘maliciously’ but said that for s20 this means some harm not the harm that was done.

115
Q

What was held about the MR of s20 in Parmenter?

A

D must only intend or be reckless as to causing some harm

116
Q

What case set out that intention to wound is not enough for the MR of s18?

A

R v Taylor

117
Q

What was the point of law in R v Taylor?

A

Intention to wound is not enough for the MR of s18

118
Q

What was the point of law in R v Moloney?

A

Foresight of consequences is not intention

119
Q

What was the point of law in R v Nedrick?

A

Intention cannot be found from foresight of consequences unless there was a virtual certainty

120
Q

What was the point of law in R v Woolin?

A

Intention cannot be found from foresight of consequences unless there was a virtual certainty

121
Q

Which cases set out the meaning of intention?

A
  • R v Moloney
  • R v Nedrick
  • R v Woolin
122
Q

What was held in R v Morrison?

A

Where there was specific intention to resist arrest, it must only be proved for a s18 offence that D was reckless in doing so as to causing a wound or injury

123
Q

Which case set out the rules around resisting arrest for a s18 offence?

A

R v Morrison

124
Q

What must be proved where D resisted arrest (s18)?

A

That D was reckless as to causing a wound or injury

End of year exams (5 decks)

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