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Law Paper 1 > Section B- Non Fatal Offences (assault,battery,ABH,GBH,wounding) > Flashcards

Section B- Non Fatal Offences (assault,battery,ABH,GBH,wounding) Flashcards

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1
Q

Act and section of assault

A

S39 criminal justices act where the punishment is recognised

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2
Q

Act and section of battery

A

Recognised under s39 CJA

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3
Q

Act and section of ABH

A

S47 offences against the person act 1861

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4
Q

Act and section of wounding and GBH

A

S.20 Offences against the Person act 1861

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5
Q

Act and section of wounding and GBH with intent

A

S.18 GBH OAPA 1861

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6
Q

What is the maximum sentence for battery/assault

A

Up to 6 months

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7
Q

What is the actus Reus for assault

A

Causing the V to apprehend the infliction of immediate and unlawful force

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8
Q

What is the men’s rea for assault

A

Intention or recklessness as the assualt

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9
Q

How can assualt be committed (actus reus) and case

A

Can be committed in words or writing
Constanza
Silence if the V apprehends immediate unlawful force
Ireland
Words indicating there will be no violence the words can be negated
Tuberville v savage

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10
Q

What happens in the case of constanza (assault)

A

Hundreds of letters sent threatening D
Charged with assault- apprehended immediate or unlawful force

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11
Q

Case of Ireland (assualt)

A

Breathing down phone after ringing multiple times
Charged with assault as V believed immediate or unlawful force

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12
Q

Case of tuberville v savage

A

D placed hand on sword and said if it were not assize time I would not take such language from you.
Held: did not amount to an assault as the words indicated that no violence would occur

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13
Q

Defenition of recklessness

A

Was there a risk of the V fearing that immediate unlawful force would be used against that. D had to realise there was a risk. If don’t realise this- have no MR for risk

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14
Q

What are the cases for MR of assault

A

The MR of th offence is intention (mohan) or recklessness (Cunningham) as to the assault

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15
Q

Case of mohan (assault-MR)

A

Pc signaled to stop car
D accelerated towards PC
MR fulfilled when Ds main aim was to bring a desired result

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16
Q

Case of Cunningham

A

D ripped gas meter off wall and stole money inside
Held: was recklessness as to whether such harm should occur to not where a crime is one of basic intent.- could see a risk

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17
Q

What is the AR of battery

A

Application of unlawful force to another person

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18
Q

What is the MR of battery

A

Intention or recklessness as to the battery

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19
Q

What is it called when assault and battery occur at the same time

A

Common assault

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20
Q

The case of Thomas (battery) (AR)

A

COA held that touching and rubbing a woman’s skirt is equivalent to touching the person wearing the clothing and could be amount to battery

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21
Q

Case of DPP v K (battery- AR)

A

Put acid into hand drier and a person suffered burns
Held: convicted of ABH- common assault could be committed by an indirect act

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22
Q

Case of Collins v Wilcock (battery-AR)

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A

Police woman grabbed woman’s arm and she scratched police and was charged with assaulting a PC. Held: police actions amounted to a battery and the DS action was therefore self defence.

23
Q

MR cases for battery

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A

Mohan, Cunningham

24
Q

AR of ABH

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A

Assault or battery occasioning ABH

25
MR of ABH
Intention or recklessness as to the assualt/battery
26
What was ABH defined in miller as
Any hurt or injury calculated to interfere with the health or comfort of the D
27
Examples of ABH
Punch- broken nose Threats-depression Push- sprained wrist
28
Case of T v DPP (ABH-AR)
D kicked V who momentarily lost consciousness Held- D convicted- loss of consciousness can be ABH
29
Case of DPP v smith (ABH-AR)
Had argument with GF and cut her ponytail Held: decided that cutting off substantial amount of hair could be amount to ABH
30
Case of chan fook (AR- ABH)
Dragged V upstairs and locked in room and V felt abused, ashamed, humiliated Held: ABH includes psychiatric injury but does not include emotions like fear or panic and must show expert evidence
31
Additional MR of ABH and cases
D need not to foresee the ultimate injury/level if injury (savage, Robert’s)
32
Case of savage (MR- ABH)
Intended to throw beer over V when the glass slipped and cut V Held: D only has to intend the assault/battery. They do not need to intend the injury.
33
Case of Robert’s (ABH-MR)
Driving and made advances to the girl she was scared and jumped from the car Held: D convicted of ABH as they only needed to intend original assault/battery
34
AR of GBH (s.20)
To inflict GBH
35
MR of GBH (S.20)
Intention to recklessness as to SOME harm
36
AR of wounding (s.20)
To wound
37
MR of wounding (s.20)
Intention or recklessness as to some harm
38
What did DPP v smith define GBH as
‘Really serious harm’ and clarified it did not need to be life threatening
39
What will the severity of the injuries be based on and case
Will be assessed according to the victims age and health. Bruising a baby is more severe than bruising an adult- bollam
40
What does the term ‘bodily’ include in GBH and cases
Include an injury that is physical, psychiatric (Burstow) or a deliberate infection of a serious disease (dica)
41
The case of r v burstow (GBH-AR)
8 month campaign of harassment against his ex girlfriend, as a result she suffered from severe depression The HOL upheld the conviction showing that inflict means the same as cause
42
The case of dica (GBH- AR)
D had unprotected sex with 2 women without telling them he was HIV positive and both women were infected. Held that infecting someone with HIV was inflicting GBH
43
What does wounding require (s.20) and case
Requires both layers of the skin to be broken (r v wood). Superficial cuts or scratches will not be classed as a wound. A cut of internal skin such as cheek may be sufficient although internal bleeding is not enough. A bruise, broken bone or internal injury wont work unless the skin is broken. Eisenhower
44
Case of Eisenhower (wounding- AR)
V was shot in eye with shotgun pellet which didn’t penetrate the eye but caused internal bleeding. Held: offence of wounding was not committed as both layers of skin were not broken.
45
Additional men’s Rea for s.20 GBH and wounding and case
Intent or recklessness as to causing some harm D does not need to have the men’s Rea for the level of harm committed. He des not need to intend/forsee the risk of the wound or GBH, he only needs to forsee some harm. Parmenter
46
Case of parmenter (GBH and wounding MR)
D caused GBH to his baby and was convicted of GBH. He was not used to handling babies and did not know actions would result in injury so he appealed. Held: Ds conviction was changed to ABH, D must appreciate there was risk of some harm and take that risk
47
AR of s.18 GBH
To cause GBH
48
MR of s.18 GBH
Intention to cause GBH
49
AR for s.18 wounding
To wound
50
MR for s.18 wounding
Intention to cause GBH
51
AR of s.18 and cases
Either To wound- Eisenhower To cause GBH- DPP v smith Can also fulfil AR of s18 by causing any of the above whilst resisting arrest
52
Men’s Rea of s.18 (GBH and wounding) and case
Intention to do some grievous bodily harm An intention to wound will not suffice Taylor
53
Case of Taylor (s.18 MR)
When D stabbed v he was charged with wounding as he had the MR to wound Held- MR to wound is not sufficient enough for s.18 GBH, it must be intention to cause GBH.
54
Reforms
- draft bill in 1998 The LC has criticised this area of law being a ‘ragbag’ of offences. The created a draft bill which seems more logical and clearer than the OAPA 1861. Changes included- old fashioned language like ‘grievous’ has been removed or replaced. Correspondence Liability is favoured which is fairer on the D -OAP- modernising law on violence 2015- replaced by modern legislation

Law Paper 1 (8 decks)

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