11184854
Description
Flashcards by Laura Millward, updated more than 1 year ago
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Created by Laura Millward
over 6 years ago
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| Question | Answer |
| Fowler v Lanning | No trespass if causes unintentionally and without fault. |
| Letang v Cooper | Restricted trespass to intentional acts. |
| Wilson v Pringle | Intention relates to the contact and not to level of harm. Battery = intentional touching accompanied by hostility. No battery if could have been expressly or impliedly consent to. |
| Iqbal v Prison Officers Association | Intention to apply force includes subjective recklessness |
| Livingstone v MOD | Doctrine of transferred malice applies |
| Reynolds v Clarke | Must be direct act. |
| Scott v Shepherd | Direct includes an application of force that is direct and immediate result of the defendant's actions. |
| Fagan v MPC | Police officer, car on foot. This was held not to be an omission when he didn't move car. Direct application of force via car. |
| Dodwell v Burford | Direct contact can be applied without touching person - hit horse. |
| R V Cotesworth | Spitting is a trespass to the person |
| Hopper v Reeve | Drove towards another deliberately. |
| DPP V K | Sulphuric acid in a hand dryer. |
| Nash v Sheen | Hairdresser dying hair without permission is battery. |
| F v W. Berks Health Auth | Not ill will but doing something without consent = hostility. |
| R v Wilson | 'Get the knives out' = assault |
| R v Ireland | Silence can = assault |
| Tuberville v Savage | "If it wasn't for... then i would... " with hand on sword. Words negate assault. |
| Thomas v NUM | Miners strike being transported through the picket line in vehicle. Threat to harm in future unlikely to be an assault. |
| Stephens v Myers | Lunged in a meeting. Very much immediate. Assault. |
| Subjective test | Would reasonable person in claimant's position apprehend immediate battery? |
| False Imprisonment | Directly and intentionally cause complete restriction of claimant's liberty without lawful justification. |
| Collins v Willcock | Police officer stopping someone from leaving. No grounds to do so. Assault. |
| Iqbal v Prison Officers Association | Subjective reckless will suffice for false imprisonment - knows that restraint is likely consequence of actions but goes ahead. Prison officer strike meant that he had to stay in his cell. |
| R v Governor of Brockhill Prison ex p Evans | False imprisonment must be direct and intentional. Prisoner kept in after he should had bee released. Gvnr didn't realise but irrelevant as he kept him in. |
| Bird v Jones | Being stopped from walking over a bridge is not a false imprisonment as could go the other way. |
| Meering v Grahame - White Aviation | Claimant told to go to bosses office. Waited without knowing that there were people outside that would have stopped him from leaving. Do not need to be aware that you are being restrained. |
| Davidson v CC N. Wales | No need for any force. Words can suffice. |
| Robinson v Balmain New Ferry | 1p to cross river, paid to get through barrier, tried to get back through without paying another 1p. Not falsely imprisoned. He could have paid. |
| Herd v Weardale Steele | Miner finished work early (refused to work full hours). Demanded to be taken up earlier. Refused. Held to conditions he had accepted when he went down. No false imprisonment |
| R v St George | Unloaded gun held at claimant who didn't know = assault. |
| Chatterton v Gerson | If nature and purpose know then consent defence. |
| R v Williams | Sex to help singing. Did not give valid consent as she didn't understand what she was consenting to. No defence. |
| Appleton v Garrett | Dodgy dentist carried out unnecessary work for money. Did obtain true consent. No defence |
| Collins v Wilcock | PC on member of public. Implied consent. Defence. |
| R v Richardson | Unregistered dentist gave competent treatment. Consent was valid. |
| R v Tabassum | Breast exam research. Consented but wasn't a doctor and wasn't researching so not true consent. |
| R v Brown | If there is ABH suffered then it is immaterial that there is consent. |
| Re A (Children) (Conjoined Twins: Medical Treatment) | Necessity to 'avoid an inevitable and irreparable evil.' Evil inflicted must not be disproportionate to evil prevented. |
| Collins v Wilcock | If police arrest lawfully then there is a defence - Statutory Authority |
| R v H | Lawful chastisement defence - court will examine time, level and what done etc. |
| Lane v Holloway | What is reasonable force is question of fact for each case. |
| Cockcroft v Smith | Biting off a finger to prevent someone from poking you in the eye is not justifiable self-defence. |
| Wilkinson v Downton Rule | Deliberate act or words Calculated to cause harm to the claimant Harm caused Unlawful - no lawful defence |
| Janvier v Sweeney | Wilkinson and Downton Told being investigated as a spy and wasn't. |
| Rhodes v OPO | Wilkinson and Downton Rule Family distressed that Rhodes had written a book discussing abuse he had experienced. Supreme court decision - not calculated to cause harm. |
| Wainwright v Home Office | Wilkinson and Downton Rule Strip searched on prison visits. Not to everyone's taste but there needs to be harm not just upset. |
| Wong v Parkside Health NHS | Wilkinson and Downton Rule Promoted and colleagues mocked. Insufficient harm caused. |
| Bird v Holbrook | Spring gun to deter. Shoots whoever sets off trap. Not reasonable so not self-defence. |
| Murray v MOD | For kidnap you do not need to know that you are completely restricted. Told to wait in office, unbeknownst to M people outside the door to prevent him leaving |
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