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Criminal Law - Paper 1 > Non-Fatal Offences > Flashcards

Non-Fatal Offences Flashcards

(54 cards)

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1
Q

What is the definition of assault?

A

D must intentionally or recklessly cause V to apprehend immediate and unlawful force

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2
Q

What is the case that goes with the definition of assault?

A

Ireland

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3
Q

What is the actus reus of assault?

A

An act or words which causes V to apprehend immediate and unlawful force

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4
Q

What is not enough for the actus reus of assault?

A

An omission, it must be an act or words

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5
Q

What happened in Constanza?

A

Letters were a form of assault

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6
Q

What happened in Ireland?

A

Silent phone calls were assault

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7
Q

What does apprehend mean?

A

To be aware of

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8
Q

What does the case Logdon V DPP say?

A

V does not have to be scared or in danger

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9
Q

What happens in Logdon V DPP?

A

D showed V a gun in his drawer but it was fake but V still apprehended immediate and unlawful force

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10
Q

What does immediate mean?

A

There and then

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11
Q

What does the case Smith V Superintendent of Woking Police Station say?

A

A threat to inflict harm in the future can’t be an assault but if D does something that makes V aware that there would be unlawful force at some unpredictable moment in the near future

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12
Q

What happened in Smith V Superintendent of Woking Police Station?

A

D was standing in V’s garden looking through her bedroom window

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13
Q

What does the case Tuberville V Savage say?

A

Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault

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14
Q

What happened in Tuberville V Savage?

A

D put his hand on his sword and said ‘if it was not assize-time I would not take such language’

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15
Q

What is the mens rea of assault?

A

Intention or recklessness as to causing V to apprehend immediate and unlawful force

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16
Q

What is the case example used for the mens rea of assault?

A

Venna

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17
Q

What is the definition of battery?

A

D must intentionally or recklessly apply unlawful force to V

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18
Q

What is the case example which goes with the definition of battery?

A

Collins V Wilcock

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19
Q

What can force include?

A

The slightest touching, but not the ordinary jostling if everyday life because implied consent is given to all inevitable touching

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20
Q

What does the case Thomas say?

A

The unlawful force does not have to be applied to V’s body, touching his or her clothes may be enough , even if V feels nothing

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21
Q

What happened in Thomas?

A

D touched the bottom of a woman’s skirt

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22
Q

What case example shows indirect battery?

23
Q

What happened in Haystead?

Study These Flashcards
A

D caused a child to fall by punching the woman holding the child

24
Q

What does the case DPP V Santana-Bermudez say?

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A

A battery can be committed by an omission, but only if D is under a duty to act

25
What does the case Fagan V MPC say?
The actus reus of battery can be a continuing act
26
What is the mens rea of battery?
Either intention or recklessness as to applying unlawful force to V
27
What case example goes with the mens rea of battery?
Venna
28
What section is ABH under?
S.47 of the Offences Against the Person Act 1861
29
What is the definition of ABH?
Any assault occasioning actual bodily harm
30
What is the actus reus of ABH?
There must be either an assault or battery and this must cause actual bodily harm
31
What does occasioned mean?
Caused
32
What does the case Miller say?
ABH is any hurt or injury calculated to interfere with health or comfort of V
33
Which case defines the word actual?
Chan-Fook
34
What does the word actual mean?
Th injury should not be so trivial as to be wholly insignificant
35
What is the mens rea of ABH?
Mens rea of assault or battery
36
What does the case Savage say?
D does not need to intend or be reckless as to whether ABH is caused to V
37
What happened in Savage?
D went to throw beer over V but threw the glass as well
38
What is an offence under s.20 OAPA 1861?
To unlawfully and maliciously inflict grievous bodily harm or wounding
39
What is the actus reus under a.20?
To inflict GBH or wounding
40
What does inflict mean?
Cause
41
Which case said the inflict meant cause?
Burstow
42
What does GBH mean according to DPP V Smith?
Really serious harm
43
What was classed as GBH in the case Dica?
HIV
44
What happened in Burstow?
D caused V to suffer severe depression which was classed as GBH
45
What does the case Bollom say should be taken into consideration?
In deciding whether V’s injuries amount to GBH, it is necessary to take into account V’s age and health
46
What does the case Brown and Stratton say?
A single minor injury to V when added to other minor injuries inflicted on V can amount to GBH
47
What does wounding require?
A breaking of the whole skin
48
What does the case JCC V Eisenhower say?
Internal bleeding where there is no cut of the skin is insufficient for a wound
49
What is the mens rea of s.20?
* ’maliciously’ | * intention or recklessness that V might suffer some harm
50
What is the case example for the mens rea of s.20?
Mowatt
51
What is there no need for D to foresee in s.20?
The level of injury
52
What is an offence under s.18 OAPA 1861?
To wound or cause GBH with the intent to cause some GBH
53
What is the actus reus of s.20?
Proof of wounding or GBH
54
What is the mens rea of s.18?
Intention

Criminal Law - Paper 1 (12 decks)

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