Non-Fatal Offences Flashcards Preview

Law > Non-Fatal Offences > Flashcards

Flashcards in Non-Fatal Offences Deck (35):
1

Where is Assault Defined?

Case Law -
Previous cases brought before judges

2

(Assault) Case- Apprehends Unlawful Force

*DPP V. Logdon

3

(Assault) Case - Immediate force

*Smith v Chief Constable of Woking

4

(Assault) Case - Things done (gestures, actions)

*Read v Coker

5

(Assault) Case - Words (not) said

*R v Ireland

6

(Assault) Case - Words written

*R v. Constanza

7

(Assault) Case - something to negate

*Tuberville v Savage

8

Assault- Actus Reus

To cause V to apprehend immediate & unlawful force

9

Assault - Mens Rea

Direct Intention
Or
Recklessness

10

Where is battery defined?

Case Law -
Previous cases brought before judges

11

(Battery) Case - Unlawful Force

*R v Thomas

12

(Battery) Definition/ requirement - Unlawful Force

- even the (s)lightest touch will suffice
- touching clothes is equivalent to touching a person

13

(Battery) Case - Hostile Force

*Wilson v Pringle

14

(Battery) Definition of hostility

- unwanted or aggressive
- unless applied consent is given

15

(Battery) Case - Applying Force via a continuing act

*Fagan v. MPC

16

(Battery) Case - Applying Force via an object

*DPP V. K

17

(Battery) Case - Applying force via an omission

*DPP v. Santana-Bermudez

18

Where is assault occasioning actual bodily harm defined?

Section 47
Offences Against The Person Act 1861

19

ABH - Actus Reus

An assault OR battery which causes ABH to another person

20

3 elements included in the Actus Reus for ABH

1) the assault or battery
2) the assault or battery to CAUSE the ABH
3) the injury to amount to ABH

21

Case - Actual Bodily Harm

*R v. Chan Fook

22

Definition of Actual Bodily Harm

Harm cannot be so trivial as to be wholly insignificant
(i.e. should be more than..)

23

(ABH) Case - psychiatric harm can amount to ABH

*R v. Chan Fook

24

(ABH) - Cutting off a persons hair(s) without consent would amount

*DPP v. Smith

25

(ABH) Case - Even a (very) short loss of consciousness...

*T V DPP

26

ABH - Mens Rea

No additional/separate Mens Rea for ABH itself
- only mens Rea for the assault or battery

27

(ABH) Case - No additional Mens Rea required

*R v Savage

28

Where is wounding defined?

s20 or s18
Offences Against the Person Act 1861

29

Wounding - Actus Reus

Unlawfully wound a person

30

(Wounding) Case - defines a wound

*JCC v Eisenhower

31

Definition of a wound

A cut or break in at least 2 layers of the outer skin

32

(ABH) Case - s20

*R v Mowatt

33

(ABH) - s20 intention

- direct intention or recklessness
- to cause some harm

34

(ABH) Case - s18

*R v Belfon

35

(ABH) s18 intention

-direct or oblique intention
- to cause serious harm