Offences Against the Person Flashcards
(19 cards)
AR of simple assault? Case.
Cause V to apprehend the immediate infliction of unlawful force. Fagan v Met Police Commissioner.
Can words/threatening silence constitute simple assault? Case.
Yes - Ireland.
What does ‘immediate’ mean for simple assault? Case.
Within a few minutes - Ireland.
Does V need to apprehend that force actually will occur? Case.
No, just that it could - Burstow.
MR for simple assault? Case.
Intend/reckless as to V’s apprehension - Venna.
For physical assault, can the force be indirect? Case.
Yes - Haystead.
How is ABH defined? Case.
Anything which interferes with the health/comfort of the victim - Miller.
Can ABH include psychiatric harm? Case.
Yes, provided medically recognised - Ireland.
Does the defendant have to intend the actual harm caused? Case.
No, strict liability - Savage/Parmenter.
How is ‘wounding’ defined? Case.
Breaking both layers of the skin/drawing blood - Moriarty v Brookes.
Is internal bleeding wounding? Case.
No - DPP v Eisenhower.
How is GBH defined? Case.
Really serious harm - DPP v Smith.
Can GBH include psychiatric harm? Case.
Yes, provided medically recognised - Burstow.
What did the case of Tabassum say about consent as a defence to assaults?
V must know nature and quality of the act.
What did the case of A-G’s Reference No 6 of 1980 say about consent as a defence to assaults?
Can only be allowed where no harm is inflicted. If harm is caused, it cannot be a defence, as it is not in the public interest.
What did the case of Emmett say about consent as a defence to assaults?
Will not be allowed where the risk of harm is more than transient or trivial.
What did the case of Brown say about consent as a defence to assaults?
Against public policy to allow people to assault each other.
Give 6 examples of situations where public policy allows assaults. 4 cases.
- Surgical operations; dangerous exhibitions - A-G’s Reference No 6 of 1980.
- Properly conducted sports - Barnes.
- Tattooing, piercing, circumcision - Brown.
- Rough horseplay - Aitken.
When may a parent/person in loco parentis use reasonable chastisement as a defence? Case.
Where force is moderate and reasonable - Hopley.
