Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal > Non-fatal Offences against the Person > Flashcards

Non-fatal Offences against the Person Flashcards

1
Q

Definition of assault

A

Where the accused ‘intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence’ Fagan v MPC, confirmed in R v Ireland, Burstow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

AR for assault

A

Apprehension of immediate and personal violence - defendant must cause victim to believe he can and will carry out the threat of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

No assault as victim did not fear possible infliction of violence

A

R v Lamb

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

If victim is caused to apprehend a threat, it is irrelevant that the defendant does not in fact have the means to carry out the threat

A

Logdon v DPP (fake gun)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Threat can be made by actions or words

A

R v Wilson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Silence can be an assault

A

R v Ireland, Burstow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Words can negate an assault

A

Tuberville v Savage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Threat of violence must be immediate = imminent

A

Smith v Superintendent of Woking Police

Ireland, Burstow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Victim must apprehend physical violence, NOT psychological harm

A

Ireland, Burstow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Mens rea for assault

A

R v Venna - intention or recklessness as to causing the victim to apprehend immediate and unlawful violence

R v Savage; Parmenter - Cunningham recklessness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Definition of battery

A

“The actual intended use of unlawful force to another person without his consent” Fagan v MPC; confirmed in Ireland

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

AR of battery

A

Application of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Force includes the merest touching

A

Collins v Wilcock

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Touching a person’s clothes whilst he’s wearing them equates to touching them

A

R v Thomas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Application of force need not be aggressive

A

Faulkner v Talbot

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Force need not be applied directly

A

Haystead v DPP (D pushed woman holding baby = battery to baby)

DPP v K

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Battery is the appropriate charge for…

A

Scratches, abrasions, minor bruising, swelling, reddening of the skin, superficial cuts, black eyes.

Prosecution charging standards - but only a guideline

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

MR for battery

A

R v Venna - intentionally or recklessly applied force to another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Assault occasioning ABH

A

s47 OAPA

20
Q

AR for Assault occasioning ABH

A

There must be an assault

The assault must occasion ABH (normal causation rules)

21
Q

Assault = assault or battery. AR and MR for assault/battery must be satisfied

A

DPP v Little

22
Q

Normal causation rules for occasioning ABH

A

DPP v Santana-Bermudez

23
Q

Definition of ABH

A

R v Miller

‘any hurt or injury calculated to interfere with the health or comfort of the victim;. Hurt need not be serious or permanent, but must be more than transient and trifling

24
Q

Momentary loss of consciousness oculd amount to ABH. Harm need not be transient and trifling, but could be one or the other

A

T v DPP

25
Q

ABH includes psychiatric injury, but does not include mere emotions such as fear, distress or panic

A

R v Chan-Fook, confirmed in Ireland, Burstow

26
Q

Cutting of girlfriend’s ponytail amounted to ABH

A

DPP v Smith

27
Q

Prosecution Charging Standards - typical ABH injuries:

A

loss or breaking of teeth, temporary loss of sensory function, extensive or multiple bruising, broken nose, minor fractures, minor cuts requiring stitches

28
Q

MR for Assault occasioning ABH

A

No MR for ABH required - only need MR for assault or battery
R v Savage; R v Parmenter

29
Q

s20 - malicious wounding - must break both the dermis and epidermis (but wound need not be serious)

A

C (a minor) v Eisenhower

30
Q

s20 - infliction of GBH

A

Normal causation rules apply - infliction means cause

31
Q

It is possible to inflict GBH contract to s20 without an assault being committed

A

R v Wilson; R v Burstwo

32
Q

Unprotected sex, knowing he was HIV positive = reckless infliction of GBH

A

R v Dica

33
Q

GBH = serious harm

A

Saunders

34
Q

Psychiatric injury may amount to GBH, but its cause and effect will need to be proved by expert evidence

A

Ireland

35
Q

Jury should consider the effect of the injuries on the victim, taking into account age and health and totality of injuries

A

R v Bollom

36
Q

Prosecution charging standards suggest that typical injuries amounting to GBH include

A

loss of sensory function more than minor permanent disfigurement, broken or displaced limbs, substantial loss of blood, injuries requiring lengthy treatment or incapacity, severe internal injuries, injuries resulting in severe disablement, whether temporary or permanent.

37
Q

MR for s20

A

D must intend or be reckless as to the causing of harm

R v Mowatt - D need not foresee the gravity of the injury, merely that some physical injury, even minor, might result. Confirmed in Savage; Parmenter.

38
Q

s18 OAPA AR

A

Wounding/causes GBH

39
Q

s18 OAPA MR

A

D must actually intend to cause harm which amounts to GBH (even where the AR is a wound; intention to wound is insufficient). Not enough to foresee some harm.

40
Q

s24 OAPA creates three different offences

A

R v Kennedy
Administer - D administers noxious thing directly to V
Causing to be administered - D causes an innocent party to administer it to V
Causing to be taken - D causes it to be taken by V himself

41
Q

Spraying in face = administering

A

R v Gillard - administration designates any form of entry into the victim’s body

42
Q

Poison, destructive or noxious thing broadly interpreted to include intrinsically harmless pills that become noxious in large quantities.

Noxious = hurtful, unwholesome or objectionable

A

R v Marcus

43
Q

s24 MR

A

D must intend or be reckless as to administering the substance AND intend to injure, aggrieve or annoy

44
Q

Intention to injure, aggreieve or annoy can be by the effects of the administration itself or of an ulterior motive (giving woman sleeping tablets to rape her)

A

R v Hill

R v Weatherall (searching through bag - not intention to injure, aggrieve or annoy)

45
Q

AR s23

A

Administer, cause to be administered or taken any poison, destructive or noxious thing so as thereby to endanger life or inflict GBH

46
Q

Heroin = noxious

A

R v Cato

47
Q

s23 MR:

A

Defendant administered substance intentionally or recklessly. No need for intention/recklessness as to endanger life

Criminal (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions