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Flashcards in Non Fatals Deck (44):
1

Assault Actus reus

Causing v to fear the immediate application of unlawful force

2

Assault Mens rea

Intentionally/subjective recklessly causing V to fear the unlawful application of force

3

Cases for assault

Tuberville v savage
Ireland
Constanza
Smith

4

Describe Tuberville v Savage

The defendant, annoyed by the comments someone had made to him, put his hand on his sword,
said, 'If it were not assize time I would not take such language

5

Describe Ireland

Silent phone calls to victim= distressing and suffered depression

Silence can constitute an assault

6

Describe constanza

D obsessed with V

Sent 700 letters

Last 2 were threatening

Words can constitute an assault

7

Describe smith

D standing in garden

V feared unlawful application of force

Although inside the immediacy element was satisfied

8

Ar of battery

application of unlawful force

9

mr of battery

subjective recklessly/iintentionally applying unlawful force

10

2 direct battery cases

wilson v pringle
thomas

11

what happened in wilson v pringle

pulled victims school bag-
battery is hostile touching

12

what happened in thomas

man touched womans- touching clothes can constitute a battery

13

2 indirect battery cases

kahn
dpp v haysted

14

what happened in kahn

stole acid and hid it in a hand drier
people got burnt
battery as indirect force was appled

15

what happened in dpp v haysted

Defendant punched a woman that caused her to drop her baby
battery as to indirectly causing harm to the victim

16

rhyme for battery cases

the pt's
the kh

17

Actus reus of section 47 abh

causing victim to fear or apprehend the immediate action of unlawful force occasioning abh

assaut or battery occasioning abh

18

mens rea of section 47 abh

intentionally or recklessly causing the victim to apprehend the application of force

19

rhyme cases for abh

C
T
S
M

20

4 cases for section 47 abh

chan fook
t v dpp
smith
miller

21

what happened in chan fook

D punched a man he suspected of theft from his shop and locked him in a spare room, where V became hysterical. At trial he was convicted under s.47

court of appeal overturned it
abh can be psychiatric harm but not include meer emotions

22

what happened in t v dpp

victim was knocked unconscious for a few seconds
loss of conscienceless can be am abh

23

what happened in smith(abh)

cut off aa girls ponytail
ABH extends to hurt and damage so long as it is not trivial. It applies to all body parts, including hair.

24

what happened in miller

raped by husband but marital rape was not illegal in 1954
held that Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim

25

actus reus of section 20 gbh

To unlawfully wound or inflict any Grievous Bodily Harm

26

mens rea of section 20 gbh

To be reckless or to intend some harm

27

rhyme for section 20

the BDEM B

28

cases for section 20

burstow
dica
eisenhower
martin
Brown and Stratton

29

what happened is burstow

obsessed with his e girlfriend so he stalked her, put condoms in her garden and made silent phone calls
she suffered severe psychological harm
GBH can include psychological harm

30

what happened in dica

Defendant had HIV but continued to have unprotected sex and didn't tell partners
biological harm can constitute a gbh

31

what happened in eisenhower

shot in the eye with an air rifle and was charged with wounding but the conviction was quashed
decided that wounding is to break 2 layers of skin and bleed which he didn't

32

what happened in martin

placed iron bar across a door and shouted fire
people ran for the door and got badly hurt
can cause indirect gbh

33

what happened in Brown and Stratton

Man was beaten up by his son and nephew because he was a transsexual. Collection of injuries in combination = GBH

34

actus reds of section 18 gbh with intent

To unlawfully wound or cause Grievous Bodily Harm or prevent the lawful apprehension or detainer of any person.

35

mens rea of section 18 gbh

To maliciously wound or cause Grievous Bodily Harm with intent or resist arrest

36

case for section 18

belfon

37

what happened in belfon

D pushed a girl to the ground, and he and an accomplice attacked those who came to help her. D slashed one man with a razor, causing severe wounds to his head and chest, and was charged with wounding with intent.

The Court of Appeal quashed his conviction under s.18 and substituted s.20 wounding; he had certainly foreseen the risk of such consequences, but it had not been proved that he had the specific intent required for the more serious offence

38

mens rea gbh case

r v mowatt

39

what happened in r v mowatt

No need to intend or be reckless as to causing the actual wounding/GBH
– it is enough to have foreseen some physical harm to the V, albeit of a minor character resulting.

When the D pinned the V down and banged his head onto the ground , it was obvious that ‘some’ level of harm might occur from his actions. Therefore, the it is irrelevant whether the D acted intentionally or recklessly, he knew his actions were malicious

40

battery mens rea case

venna

41

what happened in venna

Venna –arrested along with friends for public order offence. Struggled ensued with arresting officer and D was judged as whether to causing ‘some’ harm to the officer.


the D was judged as to being reckless and causing some harm by struggling with the officer.

42

how to answer a non fatals problem (structure)

what charge
ar with at least 2 relevant cases
apply to question
mr of charge plus 1/2 case examples
apply to question

43

act for abh, gbh and section 18

Offences Against the Person’s Act 1861

44

act for assault and battery

Criminal Justice Act, 1988