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AS-Level Law (OCR) // Criminal, Tort > Paper 1.9 - Non-fatal offences > Flashcards

Paper 1.9 - Non-fatal offences Flashcards

1
Q

What are the five non fatal offences?

A

Assault
Battery
ABH
s20 GBH
s18 GBH

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2
Q

What section of what Act defines assault?

A

s39 of the Criminal Justice Act 1988.

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3
Q

What is the definition of assault?

A

D intentionally or recklessly causes V to apprehend immediate & unlawful violence.

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4
Q

What is the actus reus and mens rea of assault?

A

AR: apprehend immediate and unlawful violence.
MR: intentionally or recklessly.

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5
Q

What category of offence is assault and what is its maximum sentence for a first time offence?

A

Summary; 6 months.

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6
Q

Give an example of a case that proves words can amount to an assault.

A

EG
Constanza (1997)
Court of Appeal held that letters could be held as assault.
OR
Ireland (1997)
Silent phone calls can be held as assault (depending on context).

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7
Q

When being assaulted, V must apprehend immediate, unlawful violence. Describe one assault case where D was found not guilty due to lack of actus reus.

A

Lamb (1967)
Pointing an unloaded gun at someone who knows it is unloaded cannot be assault as there can be no apprehension of violence.

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8
Q

TRUE OR FALSE: Due to the case of Smith (1983), the ‘immediate’ nature of assault could be extended to imminent.

A

TRUE: Smith was outside V’s window, therefore his attack was not immediate; however the court held that he had committed assault.

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9
Q

Name one case where words attempt to negate an assault.

A

EG
Tuberville (1669)
D told V: ‘if it were not assize time, I would not take such language from you’ - found not guilty, as assize time lasted too long for assault to be immediate
OR
Light (1857)
D told V: ‘were it not for that bloody policeman outside, I would split your head open’ while grabbing his sword - found guilty, as the policeman could have left, fulfilling the threat.

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10
Q

What are the four evaluation points for assault?

A
  1. Assault has no statutory definition. -
  2. 6 months can be too harsh to d. -
  3. Judges are amending the law (Ireland and Smith). +
  4. 2015 Reform Proposal ignored. +
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11
Q

What section of what Act defines battery?

A

s39 of the Criminal Justice Act 1988.

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12
Q

What is the definition of battery?

A

D intentionally or recklessly applies unlawful physical force to another.

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13
Q

What is the actus reus and mens rea for battery?

A

AR: applies unlawful physical foce to another
MR: intentionally or recklessly.

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14
Q

What category of offence is battery and what is the maximum sentence for a first time offence?

A

Summary; 6 months.

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15
Q

What form of battery is committed every day and ignored due to its frivolous nature? Give one example of such a battery.

A

Common battery / implied consent.
EG getting on a packed tube.

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16
Q

For battery charges, the mens rea and actus rea must overlap at some point; what case is an example of this?

A

EG
Fagan (1968)
D parked his car on a PO’s foot (AR) and after being informed he was on his foot, refused to remove it (MR). The battery began when the MR was formed; D was convicted.

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17
Q

What happened in the case of Collins and Wilcock (1984)?

A

POs suspected two women of soliciting. When the women attempted to leave, PO chased after them and grabbed them.
As the PO was not arresting, he was charged with battery.

18
Q

Can battery be in the form of an omission? What is the case that decides this?

A

Yes; Santa Bermudez (2004)
D denied having sharp objects before a search, PO was injured by a needle on his person. His omission to warn the officer was a battery.

19
Q

What are the four evaluation points for battery?

A

No statutory definition. -
Wide meaning. + -
Law reform rejected. + -
Sentence length is equal to assault. -

20
Q

What section of which act defines ABH?

A

s47 Offences Against the Person Act 1861.

21
Q

What category offence is ABH and what is the maximum sentence for a first time offence?

A

Triable either way; 5 years.

22
Q

What is the technical term for ABH?

A

Assault occasioning actual bodily harm.

23
Q

What two crimes that if done to a large extent can cause ABH?

A

Assault and battery.

24
Q

What is actual bodily harm defined as under Miller?

A

‘any hurt or injury calculated to interfere with the victim’s health or comfort’.

25
Q

Actual bodily harm can be physical; what other ways can ABH apply to a victim and what cases apply to them?

A

Biological; Dica (2004)
Mental; Ireland (1997)

26
Q

What is the mens rea for ABH, and what case established this?

A

Only need to prove MR for assault or battery (intentional or recklessness), under Roberts.

27
Q

What are the four evaluation points for ABH?

A

Big jump in sentencing.
OAPA 1861 is outdated (no mental harm, etc.)
Low MR requirement?
Reform Proposal rejected.

28
Q

What act defines s20 GBH?

A

Offences Against the Person Act 1861.

29
Q

What is the definition of s20 GBH?

A

D maliciously wounds or inflicts grievous bodily harm.

30
Q

What is the actus reus and mens rea for s20 GBH?

A

AR: Wounding or inflicting GBH.
MR: Maliciously - d intends or foresees risk of some harm.

31
Q

What category of offence of s20 GBH and what is its maximum sentence?

A

Indictable; 5 years.

32
Q

What is a wound and what case is this defined by?

A

A break in the continuity of the skin; Eisenhower (1983).

33
Q

What is grievous bodily harm and what case defines this?

A

Serious, yet not necessarily life threatening harm; Saunders (1985).

34
Q

TRUE OR FALSE: Due to the case of Saunders (1985), GBH changes definition depending on the victim.

A

False; the case is Bollom (2004).

35
Q

Grievous bodily harm can be physical; what other ways can GBH apply to a victim and what cases apply to them?

A

Biological; Dica (2004)
Mental; Burstow (1997)

36
Q

What are the five evaluation points for s20 GBH?

A

OAPA is outdated -
Sentence is the same as ABH -
MR lower than AR -
Judiciary have filled in the gaps +
Reform proposal + -

37
Q

What Act defines s18 GBH?

A

Offences Against the Person Act 1861.

38
Q

What is the definition of s18 GBH?

A

D intentionally wounds or causes GBH.

39
Q

What is the actus reus and mens rea for s18 GBH?

A

AR: Wounding or causing GBH.
MR: Intentionally.

40
Q

What category of offence of s18 GBH and what is its maximum sentence?

A

Indictable; Life sentence.

41
Q

What are the four evaluation points for s18 GBH?

A

OAPA is outdated -
Sentence has a huge jump from s20 -
Wording is confusing (‘causing’ instead if ‘inflicting’) -
Reform proposal + -

AS-Level Law (OCR) // Criminal, Tort (17 decks)

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