Non Fatal Offences Flashcards

Question

Wood v DPP | Battery

Answer 1

Technical assault by the officer and Wood was entitled to struggle and was not guilty of any offence

Answer 2

Battery can be an omissions too | Defendants failure to tell police officer of the needle could amount to the AR

Answer 3

The defendant must cause the AR of battery. If the victim incurs the actual infliction of unlawful personal violence but the defendant did not cause this, the defendant cannot be liable

Answer 4

An intention to apply unlawful physical force to someone or subjective recklessness as to whether that force was applied

Answer 5

MR of battery

Answer 6

Assault or battery | Requires proof of the AR of assault or battery

Answer 7

Chain of causation must be established and the assault or battery must occassion in actual bodily harm for criminal liability

Answer 8

Reaction to circumstances was reasonably forseeable so the chain of causation was not broken

Answer 9

Actual bodily harm | No description only cases for actual bodily harm

Answer 10

ABH includes any physical or psychiatric harm that is not "merely transitory and trifling"

Answer 11

Any hurt or injury that interferes with the health or comfort of the victim

Answer 12

Loss of consciousness even momentarily was held to be actual bodily harm

Answer 13

Cutting the victims hair can amount to actual bodily harm

Answer 14

Includes psychiatric injury but must be an identifiable clinical condition. Needs to be more than transitory and trifling

Answer 15

The same as assault or battery

Answer 16

Found guilty of ABH even though he had not intended any injury or realised there was a risk in injury however he had applied unlawful force and this satisfies the MR for common assault

Answer 17

Had the intention to apply unlawful force

Answer 18

triable either way for 5 years

Answer 19

Unlawful and malicious wounding and unlawful and malicious inflicting grievous bodily harm. Applicable when there is a wound but not GBH or when there is GBH but not a wound

Answer 20

Grievous bodily harm, serious harm following Saunders

Answer 21

Really serious harm

Answer 22

Several lesser injuries should be considered together, none of the injuries in isolation would have been sufficient for this charge

Answer 23

Word inflict was given a restrictive meaning

Answer 24

Infecting someone with HIV was inflicting GBH

Answer 25

Convicted because the injuries his wife sustained were a direct result of the defendants act

Answer 26

Severity of injuries should be assessed in accordance with the victims age and health

Answer 27

Serious psychiatric injury can be GBH

Answer 28

Requires a breaking of the skin. Bleeding must normally occur as seen in Moriarty v Brookes

Answer 29

Not a sufficient wound under S.20 as the skin was not broken

Answer 30

Collar bone was broken but the skin wasn't so not a wound

Answer 31

Intention or subjective recklessness as to some harm, must be done maliciously.

Answer 32

An intention to do harm that was done or recklessness as to whether that harm should occur or not (the defendant must foresee it)

Answer 33

Does not need to intend to cause GBH or wounding but must either intend to cause some harm or be reckless as to whether some harm will

Answer 34

It is only required to have foreseen some harm might occur not that it would occur

Answer 35

Did not know conclusively that he had HIV, the Crown Court held that knowledge of a higher level of risk of HIV was sufficient to hold that the defendant had acted recklessly

Answer 36

S18 Offences Against the Persons Act 1861

Answer 37

Maximum sentence of life

Answer 38

Wounding or causing GBH, it is necessary to prove the defendant's actions were the substantial cause of the wound or GBH and causation is required

Answer 39

Intent to cause serious harm or maliciously wound

Answer 40

must have specific intent to do some GBH or resist or prevent the lawful apprehension or detention of any person

Answer 41

Intention to wound is not enough for the MR

Answer 42

Intention can be direct or oblique

Answer 43

``` Loss or breaking or teeth Temporary loss of sensory functions Extensive or multiple bruising Displaced broken nose Minor fractures Psychiatric injury which is more than fear, distress or panic ```

Answer 44

Resulting in permanent disability or permanent loss of a sensory function More then minor permanent visible disfigurement Broken or displaced limbs or bones Substantial loss of blood Lengthy treatment needed or incapacity Any serious cut or laceration is a wounding under S18 or S20

Answer 45

Repeated or planned attack Deliberate selection of a weapon or any adaptation of an article to cause injury Making prior threats Using an offensive weapon against or kicking the victims head