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law > Non-fatal offences ( paper 1 part b) > Flashcards

Non-fatal offences ( paper 1 part b) Flashcards

1
Q

NFOs are…

A

Offences Against the Person Act 1861 (OAPA 1861)

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2
Q

assualt is a…

A

non-touching offence

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3
Q

battery is a…

A

touching offence

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4
Q

s47 OAPA 1861 is…

A

actual bodily harm (ABH)

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5
Q

s20 OAPA 1861 is…

A

grievous bodily harm (GBH) without intention

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6
Q

s18 OAPA 1861 is…

A

grievous bodily harm (GBH) with intention

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7
Q

AR of assualt

A

causing V to apprehend the immediate application of unlawful physical force or violence

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8
Q

MR of assualt

A

intention or subjective recklessness as to causing V to apprehend the immediate application of unlawful physical force or violence

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9
Q

AR of battery

A

the application of unlawful force

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10
Q

MR of battery

A

intention or subjective recklessness as to applying unlawful force or violence

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11
Q

AR of s47 OAPA 1861

A

AR of either assualt or battery occasioning in actual bodily harm

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12
Q

MR of s47 OAPA 1861

A

MR of either assualt or battery

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13
Q

AR of s20 OAPA 1861

A

unlawfully wound or inflict any grievous bodily harm

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14
Q

MR of s20 OAPA 1861

A

to be reckless or to intend some harm

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15
Q

AR of s18 OAPA 1861

A

to cause unlawful wound or GBH

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16
Q

MR of s18 OAPA 1861

A

specific intention to cause GBH or specific intention to resist arrest

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17
Q

Constanza

A

words can amount to assualt

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18
Q

Ireland

A

silence can amount to assualt

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19
Q

Tuberville v Savage

A

words can negate an assualt

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20
Q

Smith

A

V fearing physical attack in the imminent future was enough

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21
Q

Logdon

A

D had at least been reckless

22
Q

Faulkner v Talbot

A

‘Force’- there is no need to prove harm or pain, a mere touch is sufficient

23
Q

Collins v Willcock

A

everyday allowances had to be made

24
Q

Thomas

A

slightest touch constitutes a battery even if there was no application of force

25
Q

DPP v Khan

A

amounted to a battery as there was indirect force applied

26
Q

Fagan

A

battery can’t be committed through omission

27
Q

Mohan

A
28
Q

Woollin

A
29
Q

Cunningham

A
30
Q

Miller

A

ABH is ‘ any hurt or injury calculated to interfere with the health or comfort of V’

31
Q

Chan-Fook

A

injury should…not be so trivial as to be insignificant

32
Q

T v DPP

A

momentary loss of consciousness amounts to an ABH

33
Q

Smith

A

ABH extends to hurt and damage so long as it isn’t trivial ( harm doesn’t necessarily mean pain)

34
Q

R v D

A

psychiatric harm
-Constanza
-Ireland

35
Q

Roberts

A

D doesn’t have to foresee the harm

36
Q

Savage

A

D doesn’t have to foresee the actual harm

37
Q

Martin

A

Although D didn’t have a specific V in mind, blocking the fire exit and shouting ‘fire’, D had indirect application of force

38
Q

Burstow

A

GBH can be inflicted in the form of psychiatric damage and no physical force had to be present

39
Q

Saunders

A

doesn’t have to be life threatening

40
Q

Brown and Stratton

A

a collection of s47 injuries can amount to GBH

41
Q

Bollom

A

severity of injuries will be assessed according to v’s age and health

42
Q

Burstow

A

serious psychological harm constitutes a GBH

43
Q

Dica

A

biological harm is also GBH

44
Q

Eisenhower

A

injury wasn’t sufficient to constitute a wound as both layers of the skin hadn’t been broken

45
Q

Mowatt

A

it’s enough to have foreseen some physical harm to V

46
Q

Belfon

A

D had certainly foreseen the risk of such consequences, but couldn’t prove he had specific intent-reduced to s20

47
Q

Taylor

A

intention to wound wasn’t sufficient for MR of s18

48
Q

Assualt & Battery sentence…

A

6 months per offence

49
Q

s47 &s20 sentence…

A

5 years

50
Q

s18 sentence…

A

life

law (5 decks)

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