Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

LAW: A-LEVEL > TOPIC 3: NON-FATAL OFFENCES AGAINST THE PERSON > Flashcards

TOPIC 3: NON-FATAL OFFENCES AGAINST THE PERSON Flashcards

1
Q

What is assault?

A

Conduct which makes the victim apprehend immediate unlawful personal violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In assault is there any need for physical contact?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is conduct?

A

The act, words, or silence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does it mean to Apprehend?

A

The victim thinks force will be applied.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What two things make something not assault?

A

If V doesn’t anticipate or is aware

If it is obvious D can’t carry out threat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What happened in Lamb?

A

Two friends were playing with a gun, unsure of how it worked. One pulled the trigger and the other and shot him dead. Not guilty of assault wasn’t apprehended

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Is a threat to do something in the future an assault?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Imminent means?

A

Immediate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What happened in Logdon V Dpp?

A

D showed V a replica gun held her captive until he received money. I was all a joke V was left shaking.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What happened in Smith V Superintendent of working police station

A

D looked through her window late at night this made V terrified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What happened in Ireland?

A

Made silent calls over 3 months to scare women

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What happened in Constanza?

A

D stalked her even though she wasn’t interested in him.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What happened in Tuberville V Savage?

A

D was angry when judge was in town at same time as having hand on sword. Not guilty words cancelled out assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What happened in Light?

A

During domestic violence he shouted threat at wife, if police officer wasn’t outside. Guilty, words were believed by V.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is personal violence?

A

Fear of any unwanted touching is sufficient, the force or violence which is fearing doesn’t need to be serious.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the mens rea of assault?

A

Intention or recklessness to cause the victim to apprehend immediate unlawful personal violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What happened in Venna?

A

Defendant kicked police officer and fractured his hand. He was accused of ABH. He appealed on ground of recklessness. It was determined recklessness was sufficient for offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What order do you lay out an assault question? 1-7

A
  1. OUTLINE AR
  2. APPLY CONDUCT
  3. APPLY APREHEND
  4. APPLY IMMEDIATE
  5. OUTLINE MR
  6. APPLY MR
  7. VERDICT
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Assault occasioning/ABH (S.47)

A

Assault occasioning actual bodily harm falls under S.47. The first element of the AR, the assualt, is either assault or a battery.

ABH is anything more than insignificant harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does Occasioning mean?

A

Causing so the defendants initial assault must be the factual and legal cause for harm suffered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are S.20 and S.18 GBH actus reus?

A

Actus reus of wounding requires there to be a break in the layers of skin. must be quite serious

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the S.20 mens rea?

A

Intention or recklessness causing some harm. D doesn’t have to intend or foresee serious harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the S.18 Mens Rea?

A

Requires intention to cause GBH. intention to just wound is insignificant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Is assault and battery common law?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is Battery?

A

The application of unlawful physical force.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is direct force?

A

Hitting someone by hand or weapon e.g hitting someone’s clothing.

27
Q

What is indirect force?

A

Where they’re not in contact when the force is applied. E.g shooting a bullet from a gun.

28
Q

What ways do battery application occur?

A

Omissions, confining acts, indirect and direct.

29
Q

What happened in Haystead? Which force was applied?

A

Defendant punched woman directly, caused indirect battery when baby fell out of arms.

Indirect.

30
Q

What happened in DPP V K? Which force was applied?

A

School boy put acid in hand drier from science lesson. Nozzle was pointed upwards and caused a student permanent scars.

Indirect force

31
Q

What happened in Santana-Bermudez?
Which application method was used?

A

Policewoman searched pockets, she asked if there was anything sharp. He said no, she checked and got pricked by a needle.

Omission.

32
Q

What things create the actus reus of a battery?

A

Application, Unlawful, and physician force.

33
Q

What is a lawful excuse for applying force to someone?

A

Surgery, tattoos, piercings, back slapping, self defence.

34
Q

What happened in Collins V Wilcock, and the verdict?

A

A police woman took hold of a woman’s arm as she walked away. She scratched the officer.

Police woman’s actions were battery and she was acting in self defence.

35
Q

What constitutes to personal violence?

A

“The least touching of another person in anger”

36
Q

What happened in Thomas?

A

He touched a girls skirt without her consent.

37
Q

What is the mens rea of battery?

A

Intention or subjective recklessness to apply unlawful physical force.

38
Q

In the actus reus of ABH, what is assault?

A

Assault is the common law offence of either assault or battery.

39
Q

What are the parts of S.47 Actus Reus?

A

An assault, occasioning and ABH

40
Q

What is ABH?

A

any injury, or hurt. Must be more than just touching. E.g, bruising.

41
Q

What happened in Miller?

A

Defendant wife filed for divorce, before he raped her and threw her to the ground multiple times. His wife was in a serious nervous condition as a result.

42
Q

ABH must include any hate or injury which interferes…

A

with the health or comfort of the prosecutor.

43
Q

What happened in Chan-Fook?

A

Defendant locked victim in room thinking they had stole engagement ring. He was injured trying to escape.

44
Q

Does ABH include psychiatric injury?

A

Yes, but it doesn’t extend to states of mind such as fear or distress unless they cause a medical condition.

45
Q

What happened in DPP V Smith?

A

Smith cut off his ex girlfriend’s ponytail. He committed ABH.

46
Q

What happened in T V DPP?

A

D and his friends chased V. V fell to ground and was kicked. He lost consciousness and was woken up unable to remember anything by an officer. D was convicted of ABH

47
Q

What is the men’s rea of ABH?

A

No MR is required in relation to the ABH. This means they don’t have to intend or foresee ABH.

48
Q

What happened in Savage?

A

D through glass of beer on husbands former lover. Glass slipped out of hand and cut their wrist.

49
Q

What are the parts of S.20 Actus Reus?

A

Wounding, GBH, Inflicting

50
Q

Is S.20 triable either way?

A

Yes

51
Q

What happened in Eisenhower?

A

D hit victim in eye with air rifle pellet, caused internal bleeding but didn’t break skin.

Not guilty of S.20

52
Q

What happened in Saunders?

A

D approached stranger and asked him what the problem was, victim said there was no problem, D said he’d give him a problem and punched him in the face. He suffered broken nose.

Guilty of GBH.

53
Q

What happened in Bollom?

A

17-Month-old child had bruising to body. D was convicted of causing GBH.

54
Q

What does Bollom tell us?

A

Severity of injuries should be assessed according to victim’s age and health.

55
Q

What happened in Burstow?

A

Woman was subjected to harassment by her would-be lover. No direct contact. Led her to severe depression.

Guilty

56
Q

What happened in Dica?
What was he convicted of?

A

D infected V with HIV knowingly during consensual unprotected sex.

Convinced of Biological GBH

57
Q

What does inflicting mean?

A

Inflicting means causing. Meaning the offence can be committed indirectly.

58
Q

What happened in Martin?

A

Defendant put bar across entrance to theatre and caused panic. Many were seriously injured in stampede to get out.

59
Q

In S.20, what word defines the men’s rea?

A

Maliciously.

60
Q

What happened in Mowatt?

A

Defendant and friend stole £5 from police officer, officer chased but couldn’t find D so he went to friend demanding to know where friend was. D knocked police officer to the floor and punched him in the face.

61
Q

What is the men’s rea of S.18

A

Defendant must intend to cause GBH (direct or indirect)

62
Q

Is recklessness or intention of some harm sufficient for S.18 ?

A

No

63
Q

What happened in Belfon?

A

D slashed victim with razor causing severe wounds to face and chest.

64
Q

What happened in Taylor?

A

V was found with scratches across his face and a stab wound in his back. He intended to wound not kill, so it wasn’t S.18 it was S.20

LAW: A-LEVEL (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions