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Non Fatal Offences Learning and Revision Flashcards
Cards in this deck (31)
- 1Under what section of the Criminal Justice Act (1988) are both assault and battery charged?Section 39
- 2Define an assault.An act which causes the victim to apprehend the infliction of immediate unlawful personal violence or recklessness as to whether such fear is caused.
- 3What is the name and date of the case that proved assault could be verbal or written after the D had written 800 letters and made a number of phone calls?R v Constanza (1997)
- 4What was decided in the case of R v Lamb (1967)?That pointing an unloaded gun at someone who knows it is not loaded is not an assault.
- 5Outline the details of the case in Smith v Chief Superintendent of Working Police Station (1983)D breaks into garden and looks through V's window.
D not able to attack at the immediate moment but she was frightened.
Her fear was sufficient to prove assualt - 6What are 4 possible ways that an assault might be committed?Raising a fist
Throwing a stone at a victim which just misses
Pointing a loaded gun at someone within range
Making a threat - 7Define the key term battery.The application of unlawful force to another person intending to either apply force to another or being reckless as to whether unlawful force is applied.
- 8What is the case that proves force can be the slightest touching. Where two police officers saw two women apparently soliciting and asked the appellant to get into the car for questioning. The officer takes hold of her as she tries to walk away.Collins v Wilcock (1984)
- 9Outline the case of Wood v DPP (2008)Police received a report a man named Fraser had thrown ashtray at another in a pub. The police sa a man who fitted description - one officer took hold of his arm. W struggled at which point he struggled and tried to pull away.
- 10Which case demonstrates a battery can be committed through a continuing act?Fagan V Metropolitan Police Commissioner
- 11DPP v K (1990) which involved the schoolboy with the sulphuric acid placed in the hand drier is a way to demonstrate what?An indirect act.
- 12How was the D guilty of a battery by way of omission in the case of DPP v Santa-Bermudez (2003)?The D was under the assumption of a duty of care.
- 13What section of the OAPA 1861 defines "actual bodily harm"?Section 47
- 14What is the definition of actual bodily harm as stated in Miller (1954)?"Any hurt or injury calculated to interfere with the health or comfort of the victim"
- 15Outline the case of R v Roberts (1971)D driving a car - made advances to girl in passenger seat. Fearing a more serious assault jumped from car. Slightly injured D found guilty of assault occasioning actual bodily harm. Intended to apply unlawful force when her touched.
- 16D threw beer over another woman. Glass slipped from hand and V's hand cut. Had not intended injury or realised a risk. Convicted of s20 but CoA quashed and substituted s47. Appealed but dismissed. Fact she had intention to apply unlawful force.R v Savage (1991)
- 17What is the name of a s20 offence under the OAPA 1861?Malicious wounding/inflicting grievous bodily harm.
- 18In what way is the offence similar to a s47?Has the same maximum sentence despite the fact an s20 is seen as more serious.
- 19What is the sentence for s20 and how is it triable?5 years
Triable either way
(Magistrates or Crown Court) - 20What must be proved?Wounding
Inflicted Grievous Bodily Harm
and
intended some injury caused OR
reckless as to whether injury inflicted. - 21What is a wound?Cut or break in the continuity of whole skin. Internal bleeding does not qualify.
- 22What important point did R v Bollom (2004) clarify or introduce.Severity of injuries should be assessed according to victims age and health.
- 23Outline the case of R v Dica (2004)D had unprotected sex with two women without declaring he was HIV positive - both women became infected.
- 24In which case did the D carry out an eight month campaign of harassment which caused he to suffer severe depression?R v Burstow
inflict does not require technical assault or battery - 25Outline R v Parmenter that shows there is no need for defendant to foresee the level of serious injury.D injured his three month old baby when he threw the child in the air and caught him. Had often done this with slightly older children and didn't realise risk. Convicted of s20 but HoL quash and substitute s47.
- 26Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of ... an offence. This describes waht?ss18 OAPA 1861
Wounding or causing grievous bodily harm with intent. - 27What kind of offence is s18?A specific intent offence.
- 28What mens rea must be proved for s 18 Wounding or causing grievous bodily harm with intent.Do some grievous bodily harm or
resist or prevent the lawful apprehension or detainer of any person. - 29Outline how R v Taylor shows that intention to wound is not enough...R v Taylor (2009)
V found with scratches across face and stab wound in back. Photographs showed scratches no more than surface and depth of wound impossible to gauge. Medical evidence couldn't help determine whether D had intended. - 30What effect does the resisting arrest or preventing an arrest have on s 18?Level of intention regarding the wound is lower.
- 31Police officer seized hold of D and told him she was arresting him. He dived through a window, dragging her with him as far as window and her face was badly cut. CoA held word maliciously must have same meaning in Cunningham (1957). Defendant either intends or is reckless as to risk of injury.R v Morrison (1989)
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- Y13 A Level Law Flashcards on Non Fatal Offences Learning and Revision Flashcards, created by Stuart Halford on 07/11/2017.
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