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Law AS > Non-Fatal offences > Flashcards

Non-Fatal offences Flashcards

1
Q

What are the 5 Non-fatal offences

A 
1. Assault 
2 Battery 
3 s. 47 ABH 
4 s. 20 GBH 
5 s. 18 GBH
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2
Q

Where are assault and battery stated

A

No act has a definition as they are part of common law however the Criminal Justice act 1988 states sentencing guidelines

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3
Q

What is the actus reus of Assault

A

An action that makes the victim to apprehend immediate unlawful personal violence

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4
Q

What did the case of Constnaza find

A

Words alone can result in a assault

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5
Q

What did the case of Turberville v Savage highlight

A

That words can also annual an assault.

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6
Q

What is the mens rea of assault?

A

Intention or recklessness to cause the defendant to apprehend immediate unlawful personal violence

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7
Q

What is the actus reus of a battery?

A

The application of unlawful force

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8
Q

What did the case of Collin v Willcock find?

A

Any touching can result in a battery no matter how slight the touch is. There need not be any proof of harm or pain

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9
Q

What did the case of Pringle state about the force that would amount to a battery

A

There must be an era of hostility surrounding a battery.

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10
Q

What did the case Thomas find

A

Touching of someones clothes can amount to a battery

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11
Q

What is the mens rea of a battery offence

A

The intention or recklessness as to apply malicious force to another. This was confirmed in the case of Venna

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12
Q

What is the actus reus of s. 47

A

Assault or battery occasioning in actual bodily harm

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13
Q

What is the definition of ABH and what is the authority for this

A

The case of Miller stated that the harm must be more than transient or trifling

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14
Q

Is ABH limited to injury of the skin or bones?

A

No in the case of Smith v DPP states that cutting off of a persons ponytail can amount to ABH

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15
Q

Can ABH include psychiatric injury

A

Yes the case of Chang Fook psychiatric injury must be more than fear or panic but must be some identifiable clinical condition

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16
Q

What is the mens rea of section 47?

A

The mens rea is the same as an assault or battery

17
Q

What is the actus reus of section 20

A

Either inflicting GBH or causing a wound

18
Q

What harm can amount to GBH

A

Really serious harm such as broken bones and permanent damage (saunders)

19
Q

What did the case of Bollom signify?

A

That the age and physical state of the victim can be taken into account when deciding if harm amounts to GBH

20
Q

What did the case of Ireland signify in relation to GBH?

A

That psychiatric harm can amount to GBH as long as it is serious enough.

21
Q

What does the term inflict mean in the s.20 actus reus

A

Inflict means to cause and there doesn’t need to be any physical contact to cause some to suffer from GBH. As seen in the case of Burstow where the D shouted ‘fire’ in a cinema and people were injured in the panic to escape.

22
Q

What signifies a wounding?

A

The case of Eisenhower states that a wound is the break in the continuity of both layers in the skin and doesn’t include internal bleeding. Therefore the slightest cut in theory can amount to a wounding.

23
Q

Can the harm in s.20 be biological if so state the case?

A

The case of Dica states that GBH can be biological in nature when a man infected a woman with HIV

24
Q

What is the mens rea of s. 20

A

Intention or recklessness as to cause some harm.

25
Q

What did the case of Mowatt signify in relation to the mens rea of section 20?

A

That the defendant only need to foresee some harm occurring albeit only minor harm

26
Q

What is the actus reus of s.18?

A

Wounding or causing GBH

27
Q

What is the difference between s.18 and section 20 mens rea

A

There is no difference as judges have decided that inflicting and causing are the same thing the only difference between the two offences lies in the mens rea

28
Q

What is the mens rea of s.18

A

Intention to cause GBH or resist arrest. It is a specific liability offence and therefore recklessness doesn’t form part of the mens rea

29
Q

What case defines the basic test for intention and what is it

A

It is when the GBH is your main aim or purpose this is from the case of Mohan

30
Q

What are the two forms of intention

A

Direct (main aim) and the case of Nedrick states that intention can be oblique if you identify that harm is a virtual certain consequence this was later confirmed in Woollin

31
Q

What type of evidence can identify that serious harm was intended (secition 18 instead of 20)

A

If there is a use of a weapon or repeated attacks

32
Q

What you should discuss if there is a cut that bleeds

A

You must discuss secion 20 because it includes a wound no matter how small the injury may seem. Discuss it as wounding rather than GBH

Law AS (8 decks)

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