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non fatal offences Flashcards

1
Q

what are the two types of common assault

A

battery and assault

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2
Q

define battery

A

unlawful force

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3
Q

define assault

A

apprehending immediate violence

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4
Q

what are the sections of common assault

A

S47 ABH
S18 GBH
S20 GBH

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5
Q

where are the maximum sentences for common assault outlined

A

criminal justice act 1988

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6
Q

what are the maximum sentences for common assault

A

6 months imprisonment
£5000 fine

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7
Q

where is technical assault defined

A

r v nelson

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8
Q

what is technical assault defined as

A

an act which causes the victim to apprehend immediate personal violence with the intention or recklessness to whether this fear is caused by

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9
Q

what type of intent is technical assault

A

basic

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10
Q

what case shows technical assault can be intended or reckless

A

r v light

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11
Q

what does it mean to apprehend immediate violence

A

if it is obvious there will be no use of force, it is not assault

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12
Q

what case shows that d must apprehend immediate personal violence to establish assault

A

r v lamb

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13
Q

what effect do verbal cues have on technical assault

A

they can negate the assault, as proof there will be no force

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14
Q

what case shows verbal cues may negate the assault

A

tuberville v savage

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15
Q

what is the actus reus of technical assault

A

d must do an act, either verbal or physical, which causes someone to fear harm

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16
Q

what does immediate mean in technical assault

A

imminent

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17
Q

what must the force be to establish common assault

A

unlawful, ie being tackled in rugby is not an offence

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18
Q

give a case example for the actus reus of technical assault

A

smith v cs of woking police station

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19
Q

where is battery defined

A

faulker v talbot

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20
Q

what case shows touching can establish battery

A

r v thomas

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21
Q

what case shows battery can be a continuing act

A

fagan

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22
Q

what is the definition of battery given in faulker v talbot

A

any intentional [or reckless] touching of another person without the consent of that person and without lawful excuse
it need not necessarily be hostile, rude, or aggressive

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23
Q

what type of intent is battery

A

basic

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24
Q

what case shows that foreseeable implements that may cause harm can establish battery

A

dpp v santana-bermudez

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25
does battery have to be a direct act
no
26
what case shows a failed duty to act can establish battery
santana-bermudez
27
what case shows battery can be indirect
dpp v k
28
what case shows the force must be unlawful to establish battery
a v uk
29
what case shows the force must be unlawful to establish battery
a v uk
30
what is assault occasioning s47 abh
where a battery or assault is committed and causes the consequence of abh
31
where is sentencing guidelines of s47 ABH found
s47 of the offences against the person act 1861
32
what type of offence is s47 ABH
triable either way
33
what is the maximum sentence for s47 ABH
5 years
34
what is the mens rea of s47 ABH
intention or recklessness to the assault or battery, not to the ABH
35
what case shows the mens rea of s47 ABH
r v roberts
36
r v roberts
didn’t intend to hurt her, was reckless to harm being caused when he intended to touch her
37
what does ABH stand for
actual bodily harm
38
what does ABH cover
covers virtually any injury such as a graze/bruise loss of consciousness psychiatric illness
39
what must the harm caused by ABH be
more than trivial
40
what does injury caused by ABH not include
any emotional distress
41
what is the actus reus of s47 ABH
an assault which causes ABH
42
what case defines the actus reus of s47 ABH
miller
43
miller
any hurt or injury calculated to interfere with the health or comfort of the victim
44
what case shows violence only must be imminent
smith v cs woking police station
45
which statute sets guidance on battery when correcting a child
the children act 2004
46
what are the two types of gbh
s20 & s18
47
what type of offence is s20 gbh
basic intent offence
48
what type of offence is s18 gbh
specific intent offence
49
what is the maximum sentence for s20 gbh
5 years in prison
50
what is the maximum sentence for s18 gbh
life in prison
51
what is meant by gbh
grievous bodily harm serious harm
52
what does gbh include
infection, physical or psychiatric harm, a wound
53
what is a wound
something which breaks the continuity of the whole skim
54
where was the definition of gbh found
dpp v smith
55
dpp v smith
gbh is really serious harm
56
what case shows a wound must break the whole skin to establish gbh
eisenhower
57
what case shows an infection can establish gbh
r v dica
58
what case shows the victims circumstance can be taken into account when establishing gbh
r v bollom
59
define s20 gbh
malicious wounding/inflicting gbh, with or without instrument
60
what does inflict mean in s20 gbh
the actions of d led to the consequence of s20 gbh, and can be read as cause
61
do you need assault occasioning s20 gbh
no
62
what case shows an action can inflict s20 gbh through assault
r v lewis
63
what case shows depression is considered s20 gbh
r v burstow
64
what is the mens rea of s20 gbh
can be an intention to do the offence, or reckless as to whether it occurs
65
what case establishes the mens rea of s20 gbh
66
what type of intent is needed for s18 gbh
specific
67
what is the similar in establishing s20 & s18 gbh
the actus reus
68
what is the mens rea of s18 gbh
intention to cause gbh resisting/preventing of lawful detention
69
what case shows resisting arrest can establish s18 gbh
r v morrison

LAW 1&2 (13 decks)

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