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law paper 1 section b > non fatal offences assault and battery > Flashcards

non fatal offences assault and battery Flashcards

1
Q

name the 2 common law offences

A

assault
battery

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2
Q

what are assault and battery charged under

A

s.39 criminal justice act 1988

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3
Q

what is the maximum punishment for assault and battery

A

6 months
£5,000 fine
or both

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4
Q

what can assault also be referred to

A

common assault

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5
Q

is there touching in assault

A

no - majority of the time

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6
Q

can assault be done through an omission + case

A

no
fagan

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7
Q

what the definition of assault

A

any act by which one person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence

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8
Q

what are the two actus reus for assault

A

an act
which causes the v to apprehend the infliction of immediate unlawful violence

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9
Q

in assault give examples of what an act could be

A

sending letters- R v constanza
silent phone calls- R v ireland
spitting- R v misalati

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10
Q

what is apprehension and give a case example

A

v must believe that immediate unlawful force is about to be used against them
r v lamb

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11
Q

what does immediate mean and give a case example

A

imminent not instantaneous but in the near future
r v Ireland

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12
Q

what does unlawful mean

A

eg no consent, self defence, lawful ect

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13
Q

what does force mean

A

fear of any unwanted touching

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14
Q

how can words negate assault

A

if words are used which qualify what is said then there may be no assault
tuberville v savage

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15
Q

when can words not negate assault

A

is the d tells the v they will be hurt if they don’t stop doing something lawful

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16
Q

what happened in the case of fagan

A

d drove his care in a police woman’s foot and refused to move
an omission cannot be assault

17
Q

what happened in the case of constanza

A

D wrote over 800 letters and called v many times some were taken as threats
assault isn’t always in person

18
Q

what happened in the case of r v misalati

A

d spat at v
dosent have to make contact/ use words

19
Q

what happened in the case of R v lamb

A

one boy shot the other not knowing how the gun worked
must be apprehension

20
Q

what happened in the case of r v light

A

d put a sword above v head saying if it wernt for the police he would split her head
words cannot negate assault is v actions are lawful

21
Q

what happened in the case of r v ireland

A

d made silent calls to 3 women over 3 months
words don’t always have to be said

22
Q

what is the mens rea of assault

A

the intention or recklessness
to cause apprehension of immediate unlawful violence

23
Q

what is battery charged under

A

s. 39 criminal justice act

24
Q

what is battery also known as

A

assault by beating

25
Q

what is battery

A

application of unlawful force to another

26
Q

what is the definition of battery from collins v wilcock

A

a battery is the infliction of unlawful force on another person … any touching of another person however slight may amount to battery

27
Q

is battery a common law offence

A

yes

28
Q

what’s the 3 aspects of the actus reus of battery

A

actual infliction
force
unlawful

29
Q

what happened in r v thomas

A

d touched v skirt and rubbed it
guilty of battery

30
Q

can battery be done through an ommision

A

yes

31
Q

give an example of battery though an omission

A

DPP v santa bermudez

32
Q

what happened in the case of dpp v santa bermudez

A

d failed to tell police officer he had needles in pocket so she got poked

33
Q

what happened in dpp v k

A

d stole school acid and put in hand dryer someone used it and suffered permanent scaring
charged under s47 oapa

34
Q

what happened in haystead

A

d punched woman and she dropped her baby
no need for direct application of force

35
Q

what happened in r v venna

A

d kicked the hand of an arresting police officer
battery done recklessly

36
Q

what happened in r v spratt

A

d fired pellets out his window and hit a girl
even though he didn’t foresee the harm he was reckless

37
Q

what’s the mens rea of battery

A

the intention or recklessness
to apply unlawful force

38
Q

does battery have to be connected through a direct act give examples

A

no
dpp v k
r v martin

law paper 1 section b (11 decks)

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