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Law (Criminal) > Non - Fatal Offences - > Flashcards

Non - Fatal Offences - Flashcards

1
Q

What are the 5 non-fatal offences?

A

Assault, Battery, ABH, s.20 GBH and s.18 GBH

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2
Q

What is the source of assault?

A

s.39 Criminal Justice Act (CJA)

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3
Q

What is the Actus Reas of Assualt

A

Apprehension of immediate unlawful force

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4
Q

What is the Mens Rea of Assault?

A

Intention or reckless as to causing Apprhension

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5
Q

What are the key cases for assault?

A

Can be in silence or by gestures as outlined in Ireland (silent caller) and Burstow (mad letter writer)

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6
Q

What is the source of Battery?

A

s.39 CJA

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7
Q

What is the AR of Battery?

A

Infliction of unlawful force

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8
Q

What is the MR of battery?

A

intention or reckless as to causing infliction

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9
Q

What are the key cases for Battery?

A

Only the slightest touch will suffice as outlined in Thomas (grabbed the hem of a skirt)

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10
Q

What is the source of ABH?

A

s.47 Offences Against the Person Act (OAPA)

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11
Q

What is the AR of ABH?

A

The definition found in Miller, it is whatever interferes with the health and comfort of the victim

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12
Q

What is the MR for ABH?

A

Intention or reckless as to causing some harm

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13
Q

What are the key cases for ABH?

A

Miller - defined AR for ABH, defined it as interfering with the health and comfort of the V. (the wife rapist)
Chan - Fook - psychiatric harm can be ABH (jumped out of window cause v was locked in a room on the top floor and scared)

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14
Q

What is the source of s.20 GBH?

A

S.20 OAPA

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15
Q

What is the AR of S.20 GBH

A

Really serious harm or wound

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16
Q

What is the MR for s.20 GBH

A

Intention or reckless as to causing some harm but caused really serious harm instead

17
Q

What are the key cases for s.20 GBH?

A

Psychological harm can be GBH as outlined in Burstow (Letter writer)
Biological harm can also be GBH as outlined in Dica (STD Spreader)

18
Q

Whar is the source for s.18 GBH?

A

s.18 OAPA

19
Q

What is the AR for s.18 GBH?

A

Really serious harm or a wound

20
Q

What is the MR for s.18 GBH?

A

Intention to cause really serious harm

Law (Criminal) (18 decks)

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